Showing posts with label Rights. Show all posts
Showing posts with label Rights. Show all posts

Saturday, June 3, 2017

Controlling Citizen's Food Habit is to Undermine Democracy

The obsession of RSS and BJP in controlling what citizens are allowed to cook in the kitchen continues to play it out. The latest notice is this regard is the order that says cattle can only be purchased for agricultural activities, and not for slaughter (for food). The order is applicable throughout the country.

In 2015 the BJP led Maharashtra government imposed a ban on possession and consumption of beef, going beyond the usual criminalisation of cow slaughter. This would mean even if someone had purchased from a neighbouring state and had brought the meat in, this would invite a criminal case against the buyer. The BJP led Haryana government also followed suit in implementing complete ban of beef. Thankfully, the High Court struck down the Maharashtra's government order saying it cannot control citizen's food habit as it violates citizens' rights.

Since its electoral victory in 2014, Modi's government has been exploring ways to protect cows. The rationale for honouring cow is that it gives milk, and therefore it has to be honoured as “our” mother. Past experience has shown that a direct ban on beef consumption would be struck down by the Court. Therefore, this time it devised a subtle way to protect the cow by allowing cattle to be purchased only for agricultural activities. How many millions of rupees will the government spend in setting up such an infrastructure that will facilitate such selling and buying requires serious examination specially when there are 35 farmers in the country who commit suicide each day. However, let this inquiry be reserved for another day.

One of the side effects of making laws to protect cows is the harmful effect it engenders on human lives. Every now and then in the name of cow, people are being slaughtered. Since these humans are slaughtered in the name of cow, the government that makes laws to protect cows failed to prosecute the criminals as if prosecuting these criminals will impede their agenda. Corruption, usually understood, is taking money to hijack justice. In this case, however, cow is the token used to hijack justice for those murdered. Whether it is money or cow, anyone hijacking justice is a party to corruption.

But there is also another dimension that makes the whole agenda undemocratic. Is controlling citizen's food habit a democratic exercise? Defenders of cows argue that beef consumption hurt their sentiment, and therefore beef consumption needs to be banned. The irony in this argument is that these people do not seem to care for the sentiments of those whose relatives have been murdered in the name of cow. But to respond to the question, one may need to raise a counter-question: How much of my liberty will you curb to restrain me from hurting your sentiment?

Food habit is about basic aspects of our lives. Food consumption is a very essential aspect of our animality just as breathing air is. This liberty is thus the most important liberty of all liberties. This is the reason why in the name of sentiment, curbing this aspect of liberty is wrong. This is the kind of liberty that engenders entitlement, or rather fundamental rights. Imposing ban on food choices by the state in the name of honouring someone's sentiment is to place democratic value upside down. Since democratic states are built on the pillar of liberty, undermining liberty is to undermine democracy; and undermining democracy is dangerous.

In a state like India that is composed of diverse ethnicities, religions and historical narratives, to impose a homogeneous cultural pattern from the top is to invite resentment and destructive forces to emerge. If cow is an endangered species, like tiger is, then its preservation is a moral obligation and the state has reason to ban beef consumption. But in the absence of such a reason, curbing someone's food choices in order to nurture someone's sentiment does not sit well with how democratic state should make laws.
NB: This article appears on The Hornbill Express on 2nd June, 2017.

Friday, October 24, 2014

Wolterstorff's Justice: Chapter 6

Chapter 6 is titled ' Locating That to Which We Have Rights'. The previous post on chapter 5 is here. This chapter 6 is a shift from the biblical trajectory that was there in the previous chapters. This brings the concept of right back to theoretical discourse. In this chapter and the following few chapters, Nick is going to argue that given this idea about right that everybody, so to speak, acknowledges, there are certain theories that cannot accommodate this concept of right. Since these theories cannot accommodate this concept of right, we have to discard these theories. (Nick does not really put it like this though!) 

We all  have certain sorts of right -- not necessarily legal right. Sonya has a right not to be captured with a hidden camera while she takes bath. Sunny has a right to his son not being run over by a speeding bus while going to school. If Sonya is spied on, her right is violated even if the one who spied on her keeps the picture all to himself and no one else, including Sonya, never comes to know about this. If Sunny's son is run over by a speeding son, his right is violated. This right is a condition and/or event in a person's life; it's a life-good of a person. Moreover, even on her funeral day, Kim has a right not be demeaned for what she did not do. This means to say that even a dead person possesses certain sort of right. Can we also say that future generation -- not yet born now -- have a right to clean air, such that cutting down all the trees now would amount to violating the right of the future generation? Anyway, the point is that there are certain sort of rights a person can claim for his life and history (something that happens even after her death); the sort of right that will contribute to her well-being.

There are three concepts of a good life, says Nick. First, experientially satisfying life (hedonistic kind of life).  Second, Happy life... the eudaimon life (of Aristotelian kind). Third, flourishing life. Nick argues that an experientially satisfying life cannot serve as a framework for the kind of right we possess. Meaning, an experientially satisfying life kind of a concept of life cannot account for the different kinds of rights that a human possesses. Suppose, someone speaks ill of you behind your back, and you never get to know about it nor does that alter your condition of life at all; you remain experientially satisfied as you have been without this particular episode. Or suppose, someone accuses you of having siphoned of a huge sum of money ten years after your death just to malign your reputation. On both these counts, your experientifally satisfying life is not harmed at all. Yet, on both the counts, your right is being violated. Thus, an experientially satisfying life as a theory for a good life cannot really take into account the kinds of rights an individual possesses. We have to search an alternative theory for a good life that can take into account  the right that an individual possesses.