India’s Second Freedom Struggle

This is the 37th installment of Viewfinder, my weekly column for Yahoo! India. It was published on June 23.

It was both ironic and poignant when, a few days ago, Anna Hazare remarked that his crusade for the Lokpal Bill was akin to a second freedom struggle for India. Hazare is fighting against the right things in the wrong way: as I wrote a few weeks ago, corruption arises from an excess of government power; creating an alternate center of power, as the Lokpal Bill attempts to do, which is neither accountable nor democratically elected, solves nothing. That said, Hazare’s rhetoric, borrowed from the likes of C Rajagopalachari from decades past, was correct: India does need a second freedom struggle.

Every nation is a work in progress, but India is more so because our independence was a job half finished. In 1947, we gained freedom from the British—but not from oppression. As the country heaved a long sigh of relief at gaining political independence, a new set of brown sahibs took over from the white ones. The great hope of this new democracy was that it would lead to a government that would serve us—but we found ourselves with one that continued to rule us, with laws either directly retained from the British, or even more oppressive than those that existed before. We were colonized by our own people, and eventually enslaved by ways of thinking that saw a mai-baap government as the solution to all our problems—even when it was often the source of them.

There is no Mahatma Gandhi to lead this second freedom struggle, and most Indians, complacent with how things are, would not even think it is required. But if it was to take place, what would its aims be? What would it fight to change? The goal of that first freedom struggle was to free ourselves of a colonial power; the aim of this notional second freedom struggle should be to drastically reform the system that denies us freedom in so many areas of our lives. From the classical liberal/libertarian perspective, here are a few things I’d love a second freedom struggle to strive to achieve.

One: Limit the power of government

As things stand, we are ruled by a government as oppressive as the British were. Ideally, the function of governments should be to protect our rights and provide basic services. But our government is a bloated behemoth whose tentacles, like a modern-day Cthulhu, extend into every area of our lives. This is hardly surprising: those in power are always looking for ways to extend their power, and government, if adequate safeguards are not in place, just grows and grows and grows. This is exactly what has happened in India—our government functions like an officially sanctioned mafia, controlling our lives and curtailing our freedom. It’s all a bit of a scam.

Two: Unleash Private Enterprise. Remove the License and Permit Raj

The liberalisation India carried out in 1991 was a half-hearted one, forced upon us by a balance of payments crisis and not out a genuine desire for change. The reforms halted once the crisis eased, and the License and Permit Raj largely remains in place. It has stopped us, in the past, from being the manufacturing superpower we should naturally have been, given the abundance of cheap labour in this country. It continues to act as a huge shackle on private industry: I’ve pointed out earlier the abominable fact that you need 165 licenses to open a hotel in India, including ““a special licence for the vegetable weighing scale in the kitchen and one for each of the bathroom scales put in guest rooms.” Every businessman in India has to go through surreal hurdles to go about his work, and given that businesses exists to fulfil the needs of the people, for how else can they make profits, it is doubly criminal of an inept government to stand in the way of private enterprise. In the areas where it has been allowed to operate, look at the impact private enterprise has had: consider how many years it took to get a telephone from the state-owned MTNL in the 1980s, and how quickly you can get one today. We are a resourceful people, and every problem of India can be solved by private citizens—if they’re allowed that freedom.

Three: Reform the Indian Penal Code

The IPC is an abomination created by the British in the 19th century to make it easier for them to rule us, and to impose their Victorian morality on us. That it still exists is a disgrace. It contains ridiculous laws like Section 295 (a), which makes it a crime to “outrage religious feelings or any class” and Section 153 (a), which criminalizes any act “which disturbs or is likely to disturb the public tranquility”: both of these have been used to clamp down on free speech in the country. So has Section 124 (a), which aims to punish anyone who “brings or attempts to bring or provoke a feeling of hatred, contempt or disaffection towards government established by law,” and could be applied to this column, as these laws are open to interpretation and discretion. Section 377, which effectively criminalised homosexuality, has thankfully been overthrown in a court of law, but other archaic laws remain on the books, including some that punish victimless crimes. Many of these threaten our freedom directly.

Four: Ensure Free Speech in India

The IPC alone cannot be blamed for the absence of free speech in India. Our constitution itself does not protect it, and while Article 19 (1) (a) pays lip service to it, Article 19 (2) introduces caveats to it under the guise of “public order” and “decency and morality”. Practically anything one says could be a threat to public order, depending on how it is interpreted, which makes it easy for those in power to clamp down on those without. If we don’t even have freedom of expression, how can we call ourselves a truly free country?

Five: Respect Taxpayer’s Money

I run a series on my blog called “Where Your Taxes Go”, chronicling the various absurd ways in which our tax money is spent by government. These including paying the salaries of 22,800 fake employees of the Delhi Municipality, a Rs 42 crore mansion for Mayawati on “a sprawling 1,00,000 sq foot area”, a school for monkeys, the sponsorship of second honeymoons for people who delay having children, and, most recently, on a newspaper advertisement where the chief minister of Karnataka challenges his predecessor to do ‘God promise’ on certain allegations he made. (Yes, you can’t make this stuff up.) Governments need taxes to exist, but if you strip our government down to its necessary functions, you might find that we will pay a miniscule percentage of what we actually pay now.

It’s ironic that Mahatma Gandhi’s famous Dandi March was held in protest against an unfair tax; most taxes today are far more draconian. Sit down sometime and calculate what percentage of your income goes into taxes: if you pay 33%—chances are you end up paying more, if you include indirect taxation—it means that until the end of April every year, you are effectively earning for the government. This is freedom?

Six: Treat the Right to Property as Sacred

In 1978, the 44th amendment removed the right to property from our list of fundamental rights. Even had this not happened, the poor of India are habituated to having their property snatched from them: eminent domain has long been used by corrupt governments in a crony capitalism system to line their own pockets. One of our biggest problems is that even after so many decades of independence, clear land titles do not exist in many parts of the country. (My fellow columnist, Mohit Satyanand, wrote about this a few weeks ago, as did Devangshu Datta in an old piece.) This makes it ridiculously easy for a ruling government to infringe on the rights of its poor people—and it stands as a huge impediment to economic growth.

Seven: Reform Schooling

The state of education in this country makes for black comedy: the government pours more and more money into education, and after decades of this, the results remain dismal. There are various complex reasons for this government dysfunction, but a huge one is that the private sector is hugely constrained from entering this area. As I wrote in this old piece, even desperately poor people have shown a preference for those low-cost private schools that do manage to exist, despite governmental hurdles, than inefficient government ones. It is ironic and tragic that while private enterprise is allowed to flourish in trivial areas of our lives, like the production of shampoos and potato chips, it is constrained from competing with the government in this most crucial field. I am not recommending that the government stop spending money on education: just allow private enterprise to flourish as well. Consider the cost and quality of air travel in India when we only had Indian Airlines at our service—and look at what it has become today. Isn’t education far more crucial to our progress as a nation?

Eight: Reform Agriculture

We romanticize the farmer, and we want to keep him poor. It is shocking that 60% of our countrymen work in the agricultural sector: the equivalent figure for most developed countries is in single digits. There are various reasons for this, one of many being that farmers are not allowed to sell agricultural land for non-agricultural purposes. This prevents an escape route for many farmers, and also hampers industrial growth in many parts of the country, which would automatically provide alternative avenues of employment. More industrialisation would lead to more urbanisation and greater economic growth, but we hamper this process right at the start. It is a vicious circle that traps poor farmers in poverty. As Manmohan Singh once said, “our salvation lies in getting people to move out of agriculture.” He is right, which is ironic, given that he is our prime minister and is doing exactly nothing in terms of reforming that sector. Words come so easy.

I can think of many other worthy aims, such as making government more local and less centrally directed, so that it is more responsive and accountable, and reforming our legal system. I’m sure you can add to this list. But at one level, India’s second freedom struggle remains a pipe dream. We are a nation colonized by the religion of government, and we display a lazy reverence for it. We look for specific quick fixes to problems, instead of recognising that many of them emanate from structural issues with our system of government—and from how we think about it. What is worse is that we largely do not even think of ourselves as unfree—so who needs a freedom movement then? Do we? What do you think?

*  *  *  *

Also read: this similar wishlist from another time.

* * * *

My thanks to Shruti Rajagopalan, Parth Shah, Arun Simha, Chandrasekaran Balakrishnan, Salil Tripathi, Deepak Shenoy and Gautam John for providing inputs to this piece.