The saying often goes that history repeats itself. However, this is not entirely accurate. It’s people who repeat history. Not necessarily because they fail to learn from it, but rather because they refuse to learn history’s important lessons. And if too many people fail to learn from past mistakes, it will only have negative consequences for society. That is why we, as an intelligent species, need to be able to spread awareness about conduits of racism and hatred across Europe. But how can this be achieved? Through learning more about the theory and practice of preventive justice, there are several things a country can do.
ByMaureen van der Kris*
Only a few years ago, during the refugee crisis of the 2010s, it looked a lot like Muslims were the Jews of the twenty-first century. Islamophobia reached new highs due to terrorist attacks from ISIS, which also sparked hate crimes against innocent Muslims fleeing from ISIS (vander Taelen, 2016), as well as inciting hostility and tensions towards Muslims living around the world. Then COVID hit, and hate crimes seemed to be redirected at the East Asian community (Aziz, 2020). In 2023, the new generation is witnessing what their predecessors before them had lived through: blatant antisemitism is retaking the spotlight (Simsek, 2022).
The saying often goes that history repeats itself. However, this is not entirely accurate. It’s people who repeat history. Not necessarily because they fail to learn from it, but rather because they refuse to learn history’s important lessons. And if too many people fail to learn from past mistakes, it will only have negative consequences for society. That is why we, as an intelligent species, need to be able to spread awareness about conduits of racism and hatred across Europe. But how can this be achieved?
Through learning more about the theory and practice of preventive justice, there are several things a country can do. Measures of preventive justice are imperative to make sure populism cannot gain momentum and take over the political and legal structures across Europe as it did in the 1940s. This essay will explain how preventive justice can help us establish a risk-averse society and what these terms mean.
What is preventive justice and how does it work?
In most cases, preventive justice is simply a concept. It entails calculating the risks of harm, before any harm has occurred and taking measures against the would-be perpetrators (Ashworth et al., 2013). It establishes a system that can make people accountable, and thus prevent potential corruption and any other crime that can violate democratic values. Elements of preventive justice exist within criminal law. Many modern criminal law systems are centered around judging and punishing criminal acts and incorporate some preventive measures. For instance, for certain crimes, a crime attempt would be as illegal as committing a crime. These crimes vary across Europe, but the consensus is if the nature of the crime is severe, even an attempt will be punished more severely compared with other criminal attempts (Kelk & de Jong, 2019).
The criminalization of an attempt to commit certain crimes can be considered a function of preventive justice. This simplified version explains how preventive justice works in the criminal law system, but how does it help a democratic society? It is argued here that it can help in many ways -but these need to incorporate the political and criminal justice system to produce practical solutions. One of these problems is the supposedly thin line between freedom of speech and discrimination.
Pulling the reins on democracy
The line between freedom of speech and discrimination is not very thin at all. For far-right populists, the line doesn’t exist at all, and they promote that their discriminatory ideas can only be seen as freedom of speech. This freedom of speech, they argue, has to be protected at all costs (Pennacchia, 2020). The hypocrisy of that statement will not be discussed here, but it is relevant to note the way it has led to cases of domestic terrorism. In France, for example, a Kurdish community center in Paris was attacked by an active shooter just before Christmas. It was reported that this incident was resulted in three civilian deaths, and the attacker had formerly been charged with a hate crime in the previous year (NPR, 2022). It seems that he felt safe enough to repeat his actions in the current political climate of France and is an example of the danger and progression of hate speech cloaked as ‘free’ speech.
These incidents could have largely been prevented by limiting what constitutes as freedom of speech. One may claim that this is the opposite of preserving a democratic society. Still, history has proven time and time again that having no limits on certain democratic principles will result in populists using those exact principles for their benefit and to undemocratic ends, as seen in the case of the rise of Hitler. Due to the lack of limitations on unacceptable speech, Hitler had the freedom to use his hatred for Jewish people as a campaign point (Wilde, 2020).
Although hate speech and hate crimes were regulated more strictly after WWII (i.e. by Germany banning the Nazi flag), there are still discussions about the line between freedom of speech and discrimination. Technically, the criminalization of specific insults is a good start. However, the burden of defining what counts as a discriminatory remark, an insult, falls on the judges. Judges could be very strict when handling lawsuits, as they have been during the Wilders trial in the Netherlands. The Wilders trial concerned a statement made by Dutch far-right politician Geert Wilders during a rally in the 2010s. Wilders asked his supporters if they wanted “more or fewer Moroccans” in the country, to which they responded by cheering “less, less, less!” The Moroccan community, in response, sued Wilders for his discriminatory remarks and racist mobilization. The Dutch supreme court responded by charging Wilders with spreading hate. However, the court also stipulated that hate speech had no associated intent to act (Wilders v. Plaintiffs, 2009).
The result of the hearing disillusioned some people in the Moroccan community, as Wilders’ specific statements were not considered when judging the case. Some contended that Wilders’ party should have been abolished after that statement. Ethically, one can request a more severe punishment after such incidences of racism. Legally speaking, it is much more complicated.
Preventive justice in the courtroom
In most Western countries, judges can only punish a suspect according to the material principle of legality. In many EU countries, this has been defined as the Nulla poena sine lege principle, or “no punishment without law.” It means a political party cannot be declared illegal and abolished for maintaining an ideology harmful to a democratic society without legal codes. It also means that a judge cannot declare that a statement constitutes an illegal insult when the verdict is riddled with violations of aspects of the legality principle. One of these aspects is prohibiting an overly extensive interpretation by a judge. For example, if the suspect has discursively targeted a person of color, this can be interpreted as an illegal insult under ideal circumstances, but the suspect cannot be charged with a hate crime. This would be different if the suspect used a racial slur to insult the person of color (de Hullu, 2021).
Laws that prevent hate crimes and the strict interpretation of these laws in accordance with the legality principle can work very well. But there are also cases in which laws have an adverse effect stemming from discriminatory policies, which should be illegal. Take the Dutch surcharge, for example. This so-called libertarian policy is aimed to combat fraud committed by people not legally entitled to childcare allowance. However, the policy culminated in a nationwide scandal. It used a self-learning algorithm to identify fraud and, in the meantime, asked inspectors to have much stricter and limiting judgement on childcare allowance specifically for individuals with a foreign last name. Following the outrage, the Dutch government resigned in 2021. However, from 2018 onwards, people have been suffering due to the racist nature of the Dutch surcharge policy (NOS, 2020).
The law does not exist in a vacuum. Democratic practices and a working legal system depend on society, political accountability, and social support. Here I want to add to my discussion the kinds of social context that can help create a safe space for all and a flourishing civil society.
Living in a ‘risk-averse society’
According to German sociologist Ulrich Beck, a risk-averse society can be described as a society in which legal systems actively try to prevent the risk of certain crimes being committed (Beck, 2003). So, a risk-averse society supports the ideals of preventive justice. Preventive justice can establish the socio-legal infrastructure of a risk-averse society and vice-versa. Some speculate that preventive justice can establish foundations for a risk-averse society. Yet a risk-averse society might undermine democratic values (Barone, 2022).
This would only be true if preventive justice is rooted in unrealistic fears and undemocratic practices. Like the two faces of the Janus or a fire that can both cook or burn, the concepts and ideals of preventive justice or risk-averse society can yield either positive or negative results depending on if they are in the hands of well-intentioned or selfish people. The dilemma of what counts as liberty, if it has limits, if so, how to develop policies that protect freedoms without violating principles of democracy remains a big question, which motivates us to do more theoretical and practical discussions about how to establish a safe space to realize the ideals of preventive justice and a risk-averse society.
Conclusion
In an age where war crimes and injustice make us question the degree to which our civilization has actually evolved, the question is not whether we want to be risk-averse; we do not have a choice. This is strikingly clear when we acknowledge that nuclear power has become a staple of everyday discussions in newspapers, making us believe the doomsday is coming. The choice that falls upon us all is between whether we want to live in a society where the freedom to say whatever we want risks supporting the rise of far-right populism and encouraging hate and even violence. To keep our democracies afloat, we must invest in forming risk-averse spaces and use preventive justice to our advantage. Only then can we fight populism effectively on a more significant level and prevent the atrocities from history being repeated.
(*) Maureen van der Kris is studying Law at Utrecht University (UU) in the Netherlands. She is in the second year of her bachelor’s degree and at the very start of her legal career. Before joining ECPS, she wrote articles for the members’ magazine of Ad Informandum, the student association for criminal law at UU. Her main interests are women’s rights and preventive justice, while her favorite university subjects are international- and criminal law. As she has been personally confronted with various criminal offences during her childhood. Her goal is to become a criminal judge. She aspires to work at the Dutch supreme court or the ICC one day.
Yilmaz, Ihsan & Saleem, Raja M. Ali. (2022). “Hindutva civilizational populist BJP’s enforcement of digital authoritarianism in India.” Populism & Politics (P&P). European Center for Populism Studies (ECPS). December 8, 2022. https://doi.org/10.55271/pp0017
Abstract
The largest democracy in the world is now moving towards authoritarianism under the Hindutva civilizational populist prime minister Narendra Modi-led Bharatiya Janata Party (BJP)’s rule. This article focuses on digital rights in India that have seen a sharp decline in recent years. It explores the transformation of the internet and social media, from a relatively open and liberal space to a restricted one. This survey of India’s digital landscape finds that the rise of civilizational populist Modi and his eight years long rule have led to an upsurge in digital surveillance and control and has fostered an environment of online harassment and bullying for those who are critical of the BJP’s views and politics. The article uses a four-level framework (Full Network, Sub-Network, Proxies, and Network Nodes) to explore digital authoritarianism by the BJP government. At each of these levels, the Hindutva populist government has closed avenues of open discussion and exchange of views by enforcing new rules and regulations.
The rise of populism has slowly hijacked the digital space as a medium for forming a strong relationship with public opinion. This practice is not particular to authoritarian states or democratic ones as these boundaries are increasingly being blurred by attempts to control and influence the digital space by all governments, irrespective of their ideology or types. Over the decade, the relationship between digital space and politics has evolved from a one-dimensional relation where one endangers or compliments the other to an interplay of different social, political, and economic forces determining the outcome. This essay aims to understand this interplay by focusing on the case study of India analyzing the nature of right-wing populist digital authoritarianism. The inquiry is also useful in understanding how formal and informal changes to cyberspace enable a system where authoritarianism is maintained by the creation of an ecosystem that supports its political survival. Narendra Modi’s eight years rule provides an opportunity to study not only the formal tools of cyber authoritarianism but its justification – a toxic nexus of populism and religion.
Human civilization entered the twenty-first century with a promise of a democratic, liberal global space where digital technologies were seen as tools that would ensure people-centric governance, improve access via e-governance, and foster connections with the citizens (Shirky, 2011). After two decades, the hopes and optimism regarding democratic development, based on the availability and easy access of digital technologies to all, have been dashed to the ground. The increase in the use of digital technologies has been accompanied by concerns regarding the misuse and manipulation of digital tools in the political space, specifically after incidents such as the Cambridge Analytica Scandal. In 2019, the Pew Research Center conducted a survey among 979 technology experts asking them about the impact of the use of technology on citizens, civil society groups, democracy, and democratic representation. Nearly half of the respondents (49 percent) said that the use of technology will mostly weaken core aspects of democracy as the misuse of digital technology to manipulate and weaponize facts will affect people’s trust in institutions and each other, impacting their views about integrity and value of democratic processes and institutions (Anderson & Rainie, 2020).
According to Freedom House’s The Rise of Digital Authoritarianism Report, during 2017-18, 26 of the 65 countries assessed experienced a deterioration in internet freedom. Reductions in half of these countries were related to a rise in disinformation, censorship, technical attacks, and arrests of government critics in the lead-up to elections. Governments in 18 countries have increased state surveillance since June 2017. They have often avoided independent oversight and weakened encryption to gain unrestricted access to data. Thirteen countries have also blocked at least one social media or communication platform due to political and security reasons. There has also been a rise in governments manipulating social media content with pro-government commentators, bots, or trolls manipulating online discussions and content in 32 out of 65 countries.
These alarming figures from cyberspace are in line with political realities. With growing social and economic pressures democracies around the world are struggling to remain true to their fundamental principles. Populism in its various forms is on the rise and authoritarian and illiberal practices are no longer limited to ‘fragile’ and weak democracies. Western Europe, Europe in general, the United Kingdom (UK), and the United States (US) are facing a multitude of challenges on these fronts. India, the world’s largest democracy was a symbol of progression and promise when its founding fathers, including Jawaharlal Nehru and Dr. Ambedkar, framed the construction in a secular and democratic spirit. However, India, like many other countries, is on a dangerous trajectory with its leading party, the BJP, exhibiting clear hallmarks of authoritarianism. This reality is replicated in cyberspace as well.
In this study, digital authoritarianism in India is explored using a four-level framework: Full Network, Sub-Network, Proxies, and Network Nodes. This framework is based on the research done by (Howard et al., 2011).
India’s Political Landscape
Bharatiya Janata Party (BJP) supporters celebrates for partys victory in the 2019 Lok Sabha polls, in Guwahati, Assam, India on May 23, 2019. Photo: Talukdar David.
Cyberspace usually mirrors the realities of the physical world. Those who are powerful in the physical world tend to dominate the virtual world too. The once celebrated status of India’s democracy is now tarnished as its large, diverse population is under constant psychological and physical threat. In Freedom House’s 2021 Democracy Under Siege report, the country has dropped from “Free” to “Partly Free” status for the first time primarily due to legal and vigilante violence against people’s right to freedom of speech and expression, escalating violence and prejudiced policies against Indian Muslims. India’s score on the Freedom of the World index, measuring civil and political liberties, dropped from 71 to 67 (Freedom House, 2021). In 2022, India’s score dropped further and declined for the fourth consecutive year to 66 (Freedom House, 2022a). While the Indian government decried the report and termed it biased, the Freedom House was not the only organization to document the decline in democratic rights in India (Scroll, 2021). According to the 5th Annual Democracy Report by the V-Dem Institute, India has been downgraded to the status of electoral autocracy (2021). This deterioration has primarily been enabled by the popularity of the right-wing Hindutva.
While it seemingly looks attached to Hinduism, it is more of a political derivative which is roughly equivalent to Islamism. Hindutva, as mobilized by populists, is quite different from the actual faith of Hinduism itself. Hinduism is the third largest religion in the world and its followers term their devotion as Sanatana Dharma (translated as eternal order, way, or duty) rather than classifying to a strict Hindu identity. Even traditions, behaviors, and identities that are linked with a Hindu identity such as karma (causality of good actions/ideas leading to good and bad leading to bad consequences), samsara (cycle of life, death, and rebirth usually referring to the seven cycles until the final stage of release), veganism, cow-worship, idol worship, etc are not the key features of what it means to be a Hindu. There are no parameters set by the faith itself or even by the government of India that make a person Hindu on the bases of customs and traditions being practiced, rather the definition of a Hindu citizen by the government of India is one who is born of Hindu parents or who does not identify with other local religions such as Christianity, Islam, Zoroastrian, etc. This makes Hinduism both a pluralist and fluid religion, more so in comparison to the Abrahamic faiths since it is not exclusive and has a centuries-old history of inclusively embracing the edicts and principles of other religions from a higher, holistic perspective (Saleem, 2021). Hindutva, on the other hand, is an exclusive and closed ideology.
The advent of Hindutva comes from V.D Savarkar who wrote a book in the early 1920s, titled Hindutva: Who is a Hindu? which defines a Hindu as someone “who considers India to be his motherland (matrbhumi), the land of his ancestors (pitrbhumi), and his holy land (punya bhumi)” (Tharoor, 2018). Savarkar claimed that Hindus as the rightful and hereditary owners of the land, thus excluding Christians, Muslims, Jews, etc. and degrading them to the status of outsiders and enemies. This transition occurred over time under the influence of the Rashtriya Swayamsevak Sangh (RSS), a hundred years old religio-militant organization and its various affiliated bodies called the Sangh Parivar which was focused on the revival of the old “Hindu” traditions and encouraging people to adopt the Hindutva way of life. The RSS also builds a successful cultural identity of the group making its members long for a lost glorified Hindu age which came to an end due to “tyrant invaders” such as the Muslims and British.
The Hindutva Civilizational Populism
Volunteers of Rashtriya Swayamsevak Sangh (RSS) on Vijyadashmi festival, a large gathering or annual meeting during Ramanavami a Hindu festival in Ghaziabad, Uttar Pradesh on October 19, 2018. Photo: Pradeep Gaurs.
Harnessing the multi-layered insecurities, the Modi-led BJP has rooted its politics in Hindutva-driven populism. BJP’s populism is based on Hindutva and embraces not only the Hindus of India but also those living in other countries. It also draws its symbols, heroes, villains, culture, holy books, etc. from ancient Hindu civilization. Therefore, one can argue that BJP’s populism is not national but civilizational. ‘Civilizational populism’ is “a group of ideas that together considers that politics should be an expression of the volonté générale (general will) of the people, and society to be ultimately separated into two homogenous and antagonistic groups, ‘the pure people’ versus ‘the corrupt elite’ who collaborate with the dangerous others belonging to other civilizations that are hostile and present a clear and present danger to the civilization and way of life of the pure people” (Yilmaz & Morieson, 2022a; Yilmaz & Morieson, 2022b).
Under Modi’s rule, India is becoming highly discriminatory and at times violent towards “the others.” This hostility is manifested in formal authoritarianism enabled by the instrumentalization of state institutions. In this part of the article, the civilizational Hindutva populism propagated by the BJP is explained.
Narendra Modi’s success in India has a lot with his Hindutva populist leadership and BJP’s expertise in digital media. Modi is a classic populist as he divides the nation into two groups of pure and impure people and claims that the pure people have been victims for centuries as impure people have used their innocence, purity, and good nature to subjugate them. He presents himself as someone that will make the pure people “Vishwaguru” (teacher, guru, or mentor of the world). The distinguishing feature of the pure group of people is Hinduism; impure people are non-Hindus, primarily Muslims (Yilmaz, Morieson & Demir, 2021). This deadly nexus of religion and populism is peculiar to Modi. Hindutva leadership, under various parties (Hindu Mahasabha, Bharatiya Jan Sangh, Bharatiya Janata Party, etc.) had been gradually gaining ground since the 1950s but populism was not part of its repertoire until Modi emerged on the political scene (Saleem, 2021).
Modi won his first election in his home state Gujarat in 2002 after an anti-Muslim pogrom. Although the Indian Supreme Court acquitted Modi of all charges, there is widespread evidence of Modi’s acts of omission, if not commission, in allowing the pogrom to continue (Jaffrelot, 2003; Ghassem-Fachandi, 2012; Nussbaum, 2009). In November 2022, Amit Shah, the current Home Minister of India, Modi’s right hand man for more than two decades and co-accused in the Gujarat pogrom, gave further evidence of a planned massacre by saying in a public rally, “They tried to create a problem for Narendra Bhai [Modi] but he taught them such a lesson that they have not dared to do anything till 2022” and “But after they were taught a lesson in 2002, these elements left that path (of violence). They refrained from indulging in violence from 2002 till 2022. The BJP has established permanent peace in Gujarat by taking strict action against those who used to indulge in communal violence.” Since Muslims were the primary victims of the 2002 pogrom, it was obvious Amit Shah was referring to Muslims (Hindu Bureau, 2022). The old anti-Muslim message was given a populist twist by Modi in 2010-11 when he started concerted efforts to become the Prime Minister of India. Fortunately, for him, India had already experienced a digital revolution and was ready for a new kind of campaign.
Other political parties were no match to BJP’s successful digital campaign in 2014. Since then, during elections and at other points of political significance, the BJP has used digital alternatives along with the mainstream media (Schroeder, 2018). With extensive outreach, large funding, and little to stop them from airing controversial views, the party has gained significant clout on social media. This clout allows Modi to cultivate Hindutva populism which legitimizes the authoritarian actions of the state and creates a loyal supporter base that is not bothered about the rapidly deteriorating state of democracy and human rights. Gaining a favorable supporter base in cyberspace is important for the BJP as, according to data by the Telecom Regulatory Authority of India (TRAI), the total number of internet subscribers in India has risen to 825.30 million while broadband subscribers are 778 million at the end of March 2021 (TRAI, 2021).
The BJP leadership has a long history of hate speeches and propaganda against religious minorities such as Muslims and Christians. This is now practiced on social media too. Social media contributes 87.4 percent of the fake news spread in India, with mainstream media only contributing 12.6 percent, producing around seven times more fake news compared to mainstream media (Al Zaman, 2021). The BJP constantly portrays minorities as enemies of the Hindu nation and casts doubts about their loyalty. When such narratives are mainstreamed, they become “truths” and legitimize the government’s questionable actions such as the passage of laws restricting inter-faith marriage or citizenship that target Muslims and poor Indians with threats of deportation.
Similarly, News Laundry reported on the telegram network of Kapil Mishra, a BJP leader, and his ‘Hindu Ecosystem’ network that creates propaganda material and manufactures trends across social media platforms to whip up communal hatred and bigotry, and support for Hindutva (2021). The network began with Mishra tweeting the link to a membership form to join the team. The group was joined mostly by upper-caste Hindu men, growing to around 20,000 members. Mishra asked the members to subscribe to Organizer and Panchjanya, house journals of the RSS boosting the reach of the supremacist group. The Hindu Ecosystem picks up a theme to trend on Twitter each week, ready with mass propaganda and a bunch of fake news with bad aesthetics, to put the Hindutva ideology, along with a bunch of tweets that only had to be copy-pasted by the members to start a campaign. The group has been growing exponentially since then, with over 30,000 members working in a coordinated way to incite communal hatred, complete with readily shareable images, videos, and forwards to tap into the hate-network effect (Thakur & Meghnad, 2021).
The Hindutva populist message of hatred, oppression, and discrimination embraced and mainstreamed by the BJP has also found its way into the hearts of millions of people. Exposed to these ideas many segments of the public mirror the state’s overt aggression towards “the others” within the cyber realm. There are many instances where things go beyond cyberbullying leading to actual physical attacks taking place due to the spread of news on social networking sites. In India, hate speech, false news, and misinformation shared on social media have been linked to increased violence and hatred towards non-Hindu religious groups. Specifically, WhatsApp users among a section of rural and urban upper- and middle-class Hindu men are predisposed both to believe populist disinformation and to share misinformation about “othered” and “impure” groups in face-to-face and WhatsApp networks. This discrimination culminates in the form of widespread, simmering distrust, hatred, contempt, and suspicion towards Muslims, Dalits, and non-Dalit Hindu dissenting citizens (Banaji & Bhat, 2020).
An example of such social media-led violence can be found in incidents of lynching of Muslims and Dalits that are fueled by rumors spread on social media. Since 2015, there have been more than a hundred instances of lynching, targeting individuals from the discriminated groups (Dalits, Muslims, Christians, Adivasis) based on allegations of cow slaughter, cow trafficking, and cattle theft leading to further instances of extreme mob violence and lynching that have resulted in death and trauma. Although these victims are targeted for different reasons, these incidents have in common mobs of vigilantes who use peer-to-peer messaging applications such as WhatsApp to spread lies about the victims and use misinformation to mobilize, defend, and in some cases to document and circulate images of their violence (Banaji & Bhat, 2020).
There is a “thematic alignment” between those who propagate and believe in conspiracy theories and populists. Both do not believe in mainstream media or the government and are paranoid – afraid of minorities, refugees, and other groups plotting against them. Their basic assumption is that the government and media are in cahoots to deceive the majority group, who are the victims (Krasodomski-Jones, 2019). Unsurprisingly, one sees conspiracy theories promoted by the Hindutva against Muslims. During the COVID-19 pandemic, conspiracy theories became viral on social media blaming Muslims for the spread of the novel Coronavirus in India. As reported by The Guardian, Mehboob Ali from Harewali was beaten mercilessly by a Hindu mob after a conspiracy theory became viral nationwide that linked the spread of the COVID-19 virus in India to a Tablighi Jamaat gathering in New Delhi. Hundreds of Tablighi Jamaat members were arrested all over India and remained in jail for months before being declared innocent by courts. There was also a concentration of attacks on Muslims in Karnataka state after an audio clip began to be shared widely over WhatsApp, urging people not to allow Muslim fruit and vegetable sellers into their areas, claiming they were spreading the virus through their produce. The hatred reached such a level that some hospitals denied treatment to Muslim Covid-19 patients (Pisharody, 2020).
Similarly, there have been incidents of lynchings and beatings of Muslims after allegations of ‘love jihad’, whereby Muslims are accused of luring/grooming Hindu women to deceitfully convert them to Islam, spread on social media. This conspiracy has been referenced in more than 2000 tweets on social media prompted by Hindu nationalists, fueling violence and unrest since 2013, resulting in the killing of 62 people and forced displacement of over 50,000 Muslims in the northern Indian town of Muzaffarnagar (Dotto & Swinnen, 2021).
The scope and themes of discussion in this Indian, anti-Muslim network hijack global conversations as well. As the conflict in Israel and Palestine broke out, thousands of anti-Islam and pro-Israel messages flooded Indian social media, using the conflict as a vehicle to promote Islamophobia. On May 12, 2021, an open call was launched on social media to get the anti-Muslim #UnitedAgainstJehad trending, accompanied by graphics with detailed instructions to retweet at least 40 times, alleging that radical Islamic Jihadis were much more dangerous than any pandemic. In a few hours, the likes and shares poured in and by May 13, the hashtag had already appeared over 11,000 times, producing nearly 70,000 interactions on Twitter (Dotto & Swinnen, 2021).
This core support base for Modi and the party aids in creating an environment where authoritarianism inspires vigilantism and supports the extreme formal measures of the state. Cyberspace populated by pro-Hindutva advocates and shaped by the BJP narratives is a highly oppressive place for “the others.” Actual incidents are animated and inspired by Twitter trends and viral videos (Mirchandani, 2018)
Digital Authoritarianism in India
An old Indian villager login into Twitter account in smart phone at district Katni Madhya Pradesh, India on August 2019. Photo: Neeraz Chaturvedi.
Despite widespread internet access, internet freedom in India, however, remains compromised. According to Democracy Watchdog by Freedom House, internet freedom in India declined for four consecutive years until 2021. The internet freedom score improved slightly from 49 to 51 in 2022 but India is still designated as ‘Partly-Free’ (Freedom House, 2022b). During the last five years, the Indian government regularly shut down the internet to suppress protests the Citizenship Amendment Act, scrapping of the special status of Jammu and Kashmir state, Farm laws, and targeted critical voices with spyware. It also pressured international social media platforms to remove content that was critical of the government’s Hindu nationalist/populist agenda (Freedom House, 2021). This signals an increasing effort on part of the government to regulate the digital space and limit, block, and penalize those who question or oppose the party.
Sahana Udupa (2018) argues that the Hindu nationalist BJP was the first major political party to have a social media campaign strategy. During the 2014 national election campaign, the BJP used numerous new mobilization tactics on social media that were not seen before. The branding on social and print media projected Modi as a “populist messiah of New India.” His complicity in the 2002 Gujarat massacre was downplayed. After winning the elections, the BJP established an IT cell that is the envy of other parties. Amit Shah, the then BJP President, claimed in 2018, that “it is through social media that we have to form governments at the state and national levels, by making messages going viral” (Basu, 2019).
Swati Chaturvedi (2016), in her book “I am a Troll: Inside the Secret World of the BJP’s Digital Army” gives useful insights into the workings of the social media cell of the BJP led by Arvind Gupta, the same BJP official who was responsible for leading BJP’s 2014 election campaign. The cell runs from BJP’s headquarters located at 11 Ashoka Road in New Delhi and comprises members who ensure that certain hashtags, decided by the head, are made to trend on social media on a particular day. Each day has a different tweet agenda that is sent out to a large network of social media workers across India, mostly standard PR containing tweeting routine addresses by PM Modi, Amit Shah, and BJP Chief Ministers or creating the BJP or Modi-related trend topics. Over the years, the BJP has built a reservoir of thousands of dormant Twitter accounts to be used when needed for synchronized tweeting, along with bots controlled by the party’s central IT cell which tweet out identical messages simultaneously.
The following section explores India’s digital authoritarianism using the four-level framework.
Full Network Level Governance
Full network governance refers to a complete internet shutdown or substantial degrading of the internet (e.g. from 4G to 2G or 3G) in a region. Between 2014 and November 2022, there were 680 government-imposed internet shutdowns across India, resulting in the highest number of internet blocks in the world. In 2021, there were 101 forced internet shutdowns in India. This is a significant increase from only six and 14 shutdowns in 2014 and 2015 respectively (Internet Shutdowns, 2022). The worst example of an internet shutdown in India was the internet shutdown in Kashmir, for almost a year, after the stripping of its special status on August 5, 2019. This was done ostensibly to end violence, militancy, and online extremism in the region, however, according to most observers, it was clearly done to stifle criticism and dissent against the highly unpopular decision. Internet shutdown was imposed despite objections from human rights organizations, civil society, political parties, and even retired security officials (Shah, 2020). The shutdown continued despite concerns raised by many residents on the additional challenges it posed during the COVID-19 pandemic.
Sub-Network or Website Level Governance
When it comes to Sub-network level governance, the government has introduced a panoply of digital surveillance measures, normalizing the shift from targeted surveillance to mass surveillance (Mahapatra, 2021). This has been justified on the account of rising terrorism in India, especially after the Mumbai attacks of 2008. The most recent development in this realm has been the induction of a Central Monitoring System (CMS). The CMS is a surveillance system that monitors most of electronic and other communications, including phone calls on landlines and cell phones, text messages, and social media engagement. It was primarily introduced post the 26/11 terrorist attacks in Mumbai, after which a need was felt for a greater coordinator between law enforcement and security agencies. This system puts the privacy of the public at risk as a person will not know if and when their data has been intercepted and when turned into a mass surveillance practice. Large groups of people will have their data intercepted without a valid reason (Internet Freedom Foundation, 2020).
Other than CMS, in the past few years, police have routinized the use of fingerprint and facial recognition technology (FRT) to stop and screen people on grounds of suspicion, without any evidence. Such digital surveillance enables dragnet surveillance, which makes everyone a suspect. Secondly, it also leads to datafication of individuals, turning the identity and activity of human beings into quantifiable data for governance and business purposes (Mahapatra, 2021).
The next level of analysis is the sub-network level where websites and webpages are banned by governments. In India, websites are blocked by the central government, under Section 69A of the IT Act and the 2009 Blocking Rules, which allows the reasons for the ban to be kept confidential too. There has also been an upsurge in the number of websites blocked. A total of 6096 websites were blocked in 2021. This is low as compared to the 9849 websites banned in 2020 but considerably higher than to 633 websites banned in 2016. (Qureshi, 2022). It is worth noting that censorship and digital surveillance in India are not only limited to blaming and censoring Muslims. During the Farmer Protests, hundreds of Indian Twitter accounts that voiced support for the farmers were suspended as India’s Ministry of Electronics and Information Technology directed the company to take down accounts that had used “incendiary” hashtags during the January 26 violence, raising questions about the neutrality of Twitter when it comes to free speech in India (Rej, 2021).
Proxy or Corporation Level Governance
The next level of analysis is proxies and corporations, especially social media websites or intermediaries, all while keeping in mind India’s powerful position as having the third-largest Twitter users in the world (behind the US and Japan), the largest number of Facebook users in the world, and largest WhatsApp market in the world (Buchholz, 2021). Such a big consumer base puts India in a dominant position in the international market, forcing intermediaries to accept its advice even if it goes against their rules and individual privacy.
Under the recent restrictive Information Technology Rules 2021, social media platforms’ freedom to operate and immunity from prosecution (because of what someone has written or posted on their websites) have been greatly reduced. Social media intermediaries are now required to remove content identified as illegal by the government within three days. They are also required to provide user information to law enforcement officials. For this, they need to increase their data retention period to 180 days, increasing the costs of noncompliance for these global firms, thereby putting end-to-end encryption at risk.
Pal (2021) elaborates that the intermediaries are required to appoint three officers: a) a Chief Compliance Officer who shall be responsible for compliance with the Information Technology Act and the rules framed there under, b) a Nodal Contact Person who shall be responsible for communication with law enforcement agencies, and c) a Resident Grievance Officer who shall be responsible for the grievance redressal mechanism. All these officers are required to be residents of India. Another obligation cast upon these intermediaries is to enable the identification of the ‘first originator’ of any information on their platform. Simply put, this means that an intermediary, like Facebook or Twitter, would be open for liability if a third-party user posts unlawful content on their platforms (The Wire, 2021; Pal, 2021).
Apart from endangering the privacy of users, these rules directly put the users’ freedom of expression at risk. These rules also restrict companies’ discretion in moderating their own platforms and create new possibilities for government surveillance of citizens, threatening the idea of free and open internet (Rodriguez & Schmon, 2021). The 2021 Rules also require all intermediaries to remove restricted content within 36 hours of knowing of its existence by a court order or notification from a government agency, with noncompliance resulting in penal consequences (Rodriguez & Schmon, 2021).
The manifestation of this law can be seen in the following examples. During the COVID-19 crisis in 2021, the Indian government made an emergency order to censor tweets criticizing the government for its negligence and inefficiency in combating the virus. This specifically referred to a tweet from a politician in West Bengal holding Prime Minister Modi directly responsible for Coronavirus deaths, and from an actor criticizing PM Modi for holding political rallies while the virus raged, raising concerns about the government`s obsession with political supremacy and censorship during a public health crisis (BBC, 2021). Such requests by the government to block content on Twitter peaked in the aftermath of the revoking of Articles 35A and 370, related to Kashmir, as already discussed, with Modi’s government issuing its highest-ever number of monthly blocking orders to Twitter, with all of the censorship requests aimed at Kashmir-related content. On August 11 and August 12, 2020, Twitter was asked to take down eight accounts, including some Pakistani and Kashmir-based accounts claiming that they were “circulating fake news” and that the language used was a “clear indication” that they were either being run by the ISI or the Pakistan Army” (Srivas, 2020). The tensions also escalated due to the recent mass protest movement by farmers against three farm laws that renewed criticism of Modi’s regime, to which the government responded with hundreds of takedown orders to Twitter. The platform initially resisted, but later complied with many of the requests and blocked some 500 accounts permanently (Christopher & Ahmad, 2021).
Twitter and other intermediaries have faced increasing pressure, many call it intimidation, from the Indian government to comply. In a November 2022 article, Time magazine called it “Twitter’s India problem.” There have been raids, court cases, and the threat of arrests. Twitter has tried to walk a thin line in India. It has increased its compliance but has also tried not to become too servile. Since the implementation of new rules, it has deferred to Indian government “requests” for the removal of posts, blocking of accounts, revealing user information, etc. According to Twitter’s transparency report, it complied with only 9.1 percent of requests to remove the content in the six months before the new rules came into force. Since then, Twitter has compiled with 19.5 percent of requests, more than double the previous percentage. During the same period, Twitter became much more amenable to revealing user data. It complied with almost ten times as many government requests for private information. However, Twitter has also tried to remain independent by filing a lawsuit in July 2022 against the demand of the government to remove 39 tweets and accounts (Perrigo, 2022). In 2022, the Indian government has also come up with a new Digital Personal Data Protection Bill that further increased the government’s power on the transfer of data and virtual communications (Saran, 2022).
Network-Node or Individual Level Governance
India is the world’s third largest Twitter market. Photo: Koshiro K.
Coming to individual-level internet governance in India, the primary targets are journalists and social media activists resulting in arrests under terror or treason charges. India’s rank on the World Press Freedom Index has decreased from the 133rd position in 2016 to the 142nd position in 2021 and the 150th position in 2022 (The Quint, 2022). India is among the countries categorized as “bad” for journalism and is considered one of the most dangerous countries for journalists (Kaushik, 2021). In July 2021, India was engulfed in the Pegasus spyware scandal. Pegasus is a spyware, made by an Israeli company, that was used to spy on journalists, political opponents, foreign leaders, military officials, etc. It was sold only to governments to supposedly control terrorism and other illegal activities. However, Modi’s government, like many other governments, bought this spyware to spy on anyone it considered a threat (Basak, 2022).
Journalists, particularly Muslim journalists, are under consistent threat of arrest and courts have provided constitutional protection in a few cases. National and state governments regularly file cases against Journalist Rana Ayyub for disturbing communal harmony when she exposes BJP’s Hindutva cadres’ excesses. In June 2022, Delhi state police arrested Zubair, owner of Alt News, a prominent fact-checking website, over a four-years old post. Siddique Kappan was arrested in October 2020 when he was trying to cover a murder and rape case. After struggling through lower courts for two years, he was granted bail by the Supreme Court of India but before this verdict, the state filed another lawsuit, and he is still in jail (Freedom on the Net, 2022; Mamta, 2022). In March 2022, three Kashmiri students remained in jail for five months under sedition charges for allegedly sending anti-India WhatsApp messages after Pakistan’s victory in a cricket match. They have been granted bail, but their future remains precarious as the case is still to be decided (Jaiswal, 2022).
Conclusion
The article analyzed and examined the law, rules, and regulations which the BJP government uses to control cyberspace. This was carried out by using the four levels of network analysis. In India surveillance, blockage, censorship, and legal actions for cyber activities are all regulated under legal frameworks that have been tailored to support the BJP’s undemocratic transgressions. The article focused on analyzing the multifaceted and layered populist usage of cyberspace by the BJP in India and its impact on their Hindu base as well as on “the others.” We find that civilizational authoritarian populism in India has spread like wildfire which makes it quite a volatile society both offline as well as online. Both these spaces intersect and influence each other. The once democratic and plural country has transformed into a breeding ground for extremism, repression, and violence.
Targeting religious minorities has now become the most dominant theme on Indian social media. As discussed, the virtual hate, propagated by the BJP, eventually transcends into real life in instances of violence targeting these groups. The state-led cyber oppression emboldens many to not only embrace these narratives online but also to be violent against “the others.” This violence or vigilantism is not limited to online harassment but frequently results in the death of the intended targeted communities.
Overall, our analysis has shown that civilizational populist digital authoritarianism in India has recently become more prominent. Since Modi’s ascend, India has experienced a decline in internet freedom and has also lost its status as a vibrant democracy. Modi has built a strong digital presence around the country in four main ways:
The BJP has established a top-down, organized social media presence model, controlled by the BJP IT Cell in New Delhi. The IT Cell commands thousands of paid and unpaid volunteers and bots who share posts and tweets. These posts/tweets follow specific themes that are decided by the party leaders and involve targeting political opponents, harassing religious minorities, and spreading propaganda and fake news.
The BJP government has introduced a set of rules and regulations to increase its digital oversight which augments its control over social media networks and coerces the latter into complying with the government’s narrative if they are to thrive in India. Some recent developments in this regard include the introduction of the Central Monitoring System (CMS) and the new rules Information Technology Rules, 2021.
As India has one the largest number of social media users in the world, the BJP government enjoys preferential treatment from social media platforms that have a history of giving in to BJP’s concerns and removing content that is undesirable to the BJP.
As a spillover of the BJP authoritarianism, the Hindutva voter base has also accepted and enacted the state’s populist authoritarianism in both online and physical space.
Emerging from these factors, the digital landscape in India has become increasingly intolerant.
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Both Islamism and far-right populism claim power and control over women’s bodies by imposing rules around the hijab. In Iran, women are expected to submit to the regime’s despotism and wear a hijab despite personal preferences. However, in France, under the guise of liberal values, far-right populists are advocating for a ban on hijabs and other religious symbols in public spaces. This antagonism towards the hijab is postured as saving Muslim women from the patriarchy and religious oppression, yet it still robs women of a right to choose.
Debates around women’s bodies, particularly those of Muslim women, have grown globally in the wake of Mahsa Amini’s death under the custody of Iran’s morality police after being detained for ‘improper’ hijab-wearing. For a better understanding of control over women’s bodily autonomy, the concepts of political Islam and far-right populism need to be examined.
The term political Islam, otherwise known as Islamism, ontologically implies resistance against secular and Western systems of governing. Criticizing secular ideologies, political Islam aims to establish a political system based on Islamic doctrines in addition to creating a unified religious identity for the whole of society. In the Routledge Handbook of Political Islam, Shahram Akbarzadeh argues that “much like other -isms, Islamism imposes a normative framework on society in a blatant attempt to make society fit into its mould” (Akbarzadeh, 2012: 1). Being a reactionary movement, which aims to shape society and the state through the agency of religion, political Islam manifests itself as challenging both previous governments and the West. Akbarzadeh cites Mohammad Ayyoob to explain the incentives behind this challenge: “Political Islam gained increasing support as ‘governing elites failed to deliver on their promises of economic progress, political participation, and personal dignity to expectant populations emerging from colonial bondage,” (Akbarzadeh, 2012: 2).
Besides denouncing their regime, Islamists also stand up to the West through the medium of “anti-Americanism”. They claim that all their political opponents are failures because they “deviate” from the divine path. The concerning facet in this approach is the blurry definition of this so-called divine path. In other words, Islamism or political Islam acts as an empty signifier that can be filled with subjective interpretations of Islam. To be more precise, an Islamist leader who claims to be representing divine “sovereignty” can legitimize his practices through a religious discourse that cannot be denied by society since it may appear as resisting divinity.
Akbarzadeh touches on this hypocritical aspect of political Islam; On one hand, actors who hold an Islamist position reject others’ interpretation of religious doctrine on the basis that it is not divine, but on the other hand, these same actors interpret Islam according to their personal interests, like gaining more power. In this case, political Islam deliberately serves to oppress discourse on economy, morality, and authority. According to Akbarzadeh (2012), “the combination of the exclusive claim on divine truth and the capture of political power” gives the authorities a legitimate right which can be hazardous for the society since this power “can easily manifest as acts of violence.”
While Akbarzadeh’s definition of Islamism identifies it with resistance, Esposito adopts the concept of “resurgence” while discussing political Islam. In this lens, it is the combination of “resentment over political and social injustices” and “issues of identity” which merges faith and politics in order to establish an “Islamic revival” (Esposito, 1997). This resistance approach, which strengthens itself with exasperation and revolt against both domestic and Western ideologies, helps governments pave the way for “enhancing their legitimacy and to mobilize popular support for programs and policies” (Esposito, 1997).
However, the state is not the sole actor to reap benefits from Islamism. Social movements and companies that affiliate themselves with Islamic identities also generate opportunities to establish new businesses, such as hospitals, banks, and schools, and work to accommodate their associates in these organizations. The most pertinent point Esposito raises in his article questions “whose Islam” is this and “what Islam” is. The answer concerns the idea of power, which we can find in the hazardous mixture proposed by Akbarzadeh. As such, the compulsory hijab in Iran implemented by the country’s Islamist regime and its enforcement through the support of society can be understood by the aforementioned definitions and discussions of political Islam.
On the other hand, the hijab ban, or alternatively the adverseness against wearing hijab in public places in some European countries such as France, can be seen as representing another disregard of women’s bodily autonomy. In this context, far-right populism and Islamophobia have had a significant role in shaping public discourses against the hijab. As a result, it is necessary to shed light on the seemingly discordant approach in the far-right discourse on the subject. By “framing Islam as a homogenous, totalitarian ideology which threatens Western civilization” (Berntzen, 2021: 11), the far-right, for this issue, appears to abandon its traditional, radical, authoritarian attitude and move towards a more liberal, modern, rights-based strategy. Such a strategy focuses on presenting a liberal attitude and liberal optics by a “transformation as a partial decoupling between authoritarianism and the radical right through an adoption of liberal positions on many issues” such as free speech, democracy, gender equality” (Girdap, 2022). The framing of the discussion surrounding the hijab in France and similar environments needs to be understood in the context outlined above. In addition to this, we must take into consideration the issues of racism and radicalization in Europe in terms of Islamophobia and gendered racism.
Crystal Fleming, in her book Resurrecting Slavery: Racial Legacies and White Supremacy in France, describes France “not only as a racialized social system but also as a racist society for at least three reasons. First, racial bias is embedded within the nation’s institutions… Second, racial categories and stereotypes are prevalent in everyday life…. Finally, present-day inequalities are related to historical racial categories and openly racist practices rooted in colonialism and slavery” (2017: 8-9). Far-right populist discourses frame Muslims as inferior and second-class citizens through a colonialist ideology entrenched in the country’s system and society. This structural frame impacts Muslim women to a greater extent as their religious identities are more visible and claims over gender equality are more easily conducted through the hijab debate.
In conclusion, reflected in Mahsa Amini’s tragic death and discourse around women’s bodily autonomy, political Islam (Islamism) on the one hand, far-right populism on the other both claim power and control over women’s bodies using hijab as a proxy. In Iran, through compulsory hijab, women are expected to submit to the regime’s despotism and wear hijab despite personal preferences, no matter what. However, in France, under the guise of liberal values, far-right populists are advocating for a ban on hijabs and other religious symbols in public spaces. This antagonism towards the hijab is postured as saving Muslim women from the patriarchy and religious oppression, yet it still robs women of a right to choose.
References
Akbarzadeh, Shahram. (2012). Routledge Handbook of Political Islam. Abingdon, Oxon: Routledge.
Esposito, John L. (1997). “Claiming the Center: Political Islam in Transition.” Harvard International Review, vol. 19, no. 2.
Fleming, Crystal M. (2017). Resurrecting Slavery: Racial Legacies and White Supremacy in France. Philadelphia: Temple University Press.
Girdap, Hafza. (2022). “Liberal Roots of Far-Right Activism – The Anti-Islamic Movement in the 21st Century.” ECPS Book Reviews. European Center for Populism Studies (ECPS). January 24, 2022. https://doi.org/10.55271/br0007
Hirschkind, Charles. (1997). “What Is Political Islam?” Middle East Report, no. 205.
