​Reining in a bigot: on the Assam Chief Minister’s incendiary rhetoric

Context & The Gist

The article addresses the concerning trend of inflammatory rhetoric employed by Assam Chief Minister Himanta Biswa Sarma, particularly targeting the Bengali-origin Muslim community, in the lead-up to the state’s assembly elections. This is occurring against a backdrop of socio-economic challenges in Assam, where the state lags behind national averages in key development indicators. The central argument is that Sarma is deliberately diverting attention from governance failures by fostering communal polarization through the creation of ‘imaginary enemies’ and inciting prejudice, rather than addressing systemic issues.

The editorial highlights the constitutional and legal ramifications of Sarma’s statements, arguing they violate his oath of office, fundamental rights of citizens, and the constitutional guarantees of secularism and fraternity. It calls upon the Supreme Court to take cognizance of a sustained pattern of communal targeting and to demonstrate the enforceability of its directives on hate speech, especially when the offender is a Chief Minister.

Key Arguments & Nuances

• Diversionary Tactics: Sarma’s rhetoric is presented as a deliberate strategy to deflect from the state’s developmental shortcomings. Instead of focusing on improving socio-economic indicators, he is creating divisions to consolidate political support.
• Communal Polarization: The Chief Minister’s statements are framed as a systematic effort to demonize the Bengali-origin Muslim community, portraying them as a “demographic threat” and justifying calls for economic persecution.
• Constitutional Violations: The article argues that Sarma’s actions are not merely political rhetoric but a breach of his constitutional oath, fundamental rights, and the secular fabric of India.
• Judicial Scrutiny: The editorial emphasizes the need for the Supreme Court to intervene and uphold its previous rulings on hate speech, particularly considering the authority wielded by a Chief Minister.
• Pattern of Behavior: The CPI(M)/CPI petition highlights that this isn't isolated rhetoric, but a sustained pattern of communal targeting.

UPSC Syllabus Relevance

• Polity: Constitutional provisions related to fundamental rights, secularism, and the role of the judiciary.
• Governance: Issues of governance deficits, social harmony, and the role of political leadership.
• Social Issues: Communalism, social polarization, and the impact of hate speech on society.

Prelims Data Bank

• Fundamental Rights: Article 14 (Equality before law), Article 15 (Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth), Article 19 (Freedom of speech and expression), Article 21 (Protection of life and personal liberty).
• Directive Principles of State Policy: Article 38 (Social order), Article 49 (Protection of monuments and places of historic and artistic importance).
• Bharatiya Nyaya Sanhita (BNS): Replaced the Indian Penal Code (IPC) in 2023. Contains provisions related to offences against public order and those promoting enmity between groups.
• Representation of the People Act, 1951: Governs the conduct of elections, including provisions related to disqualifications and offences.
• Amish Devgan & Tehseen Poonawalla Cases: Supreme Court rulings emphasizing the responsibility of media and individuals to prevent the spread of hate speech.

Mains Critical Analysis

The situation in Assam, as highlighted by the editorial, presents a complex interplay of political, social, and governance challenges. A PESTLE analysis can provide a structured understanding:

• Political: The upcoming elections create a fertile ground for divisive politics. Sarma’s rhetoric is a calculated move to consolidate a specific vote bank.
• Economic: Assam’s lagging socio-economic indicators contribute to a sense of frustration and vulnerability, making communities susceptible to polarization.
• Social: Deep-rooted social divisions and historical grievances are exploited to create an ‘us vs. them’ narrative.
• Technological: Social media platforms amplify hate speech and facilitate its rapid dissemination.
• Legal: The existing legal framework, while containing provisions to address hate speech, faces challenges in enforcement.
• Environmental: While not directly addressed in the article, environmental concerns (like floods) are being used to scapegoat communities.

The core issue is the erosion of constitutional values and the undermining of democratic principles. The implications extend beyond Assam, setting a dangerous precedent for other states and potentially exacerbating communal tensions nationwide. A critical gap lies in the lack of effective mechanisms to hold political leaders accountable for hate speech, particularly when they hold positions of power.

Value Addition

• Supreme Court Guidelines on Hate Speech: The Supreme Court has issued several directives on hate speech, emphasizing the need for prompt action by law enforcement agencies and the importance of preventing the spread of communal disharmony.
• National Foundation for Communal Harmony (NFCH): An autonomous organization under the Ministry of Home Affairs, promoting communal harmony and peace.
• Article 19(2) of the Constitution: Allows for reasonable restrictions on freedom of speech and expression in the interests of public order, decency, or morality.
• Quote: “Darkness cannot drive out darkness: only light can do that. Hate cannot drive out hate: only love can do that.” – Martin Luther King Jr.

Context & Linkages

This past article directly relates to the current editorial by highlighting a previous instance of Sarma’s inflammatory rhetoric, specifically a video depicting him seemingly firing at individuals wearing skullcaps. It underscores a pattern of behavior and reinforces the argument that his recent statements are not isolated incidents but part of a deliberate strategy to polarize communities. The previous article also emphasizes the constitutional violations inherent in such actions.

This article further strengthens the narrative of Sarma’s consistent use of divisive rhetoric and his disregard for constitutional norms and the authority of institutions like the Election Commission and the Supreme Court. The use of Form 7 to potentially exclude specific demographics from electoral rolls, as discussed in the previous article, demonstrates a systematic attempt to manipulate the electoral process and disenfranchise communities. This context reinforces the editorial’s concern about the erosion of democratic principles.

The Way Forward

• Strict Enforcement of Laws: Law enforcement agencies must promptly and impartially investigate and prosecute instances of hate speech, regardless of the perpetrator’s political affiliation.
• Judicial Intervention: The Supreme Court should proactively address the issue of hate speech and provide clear guidelines for its prevention and punishment.
• Promote Inclusive Governance: The Assam government should prioritize inclusive development policies that address the socio-economic needs of all communities.
• Civic Education: Invest in civic education programs that promote tolerance, understanding, and respect for diversity.
• Media Responsibility: Media outlets should exercise caution in reporting on sensitive issues and avoid amplifying hate speech.
• Strengthen Election Commission: Empower the Election Commission to effectively address electoral malpractices and ensure a free and fair electoral process.