Tuesday, December 15, 2020

Why Macron's Plan to Tame Islam Will Fail - by Mark Durie

https://www.meforum.org/61858/why-macron-plan-to-tame-islam-will-fail?goal=0_086cfd423c-e1da221963-33708581&mc_cid=e1da221963&mc_eid=1a35181d6f


On October 2, President Emmanuel Macron delivered a "Fight Against Separatism" speech to the French parliament, announcing stricter measures to crack down on the growing influence of what he called "radical Islamism" among France's Muslim minority, proportionally the largest in Western Europe. This ideology, he said, has "a proclaimed, publicised desire, a systematic way of organising things to contravene the Republic's laws and create a parallel order, establish other values, develop another way of organising society which is initially separatist, but whose ultimate goal is to take over [the Republic] completely."


Macron's proposals include abolishing home-schooling, closing down independent schools, devoting more resources to policing and courts, bringing community language teaching under the control of the state, restoring policing in Muslim-majority zones, which he acknowledges has been let slide, reversing ghetto­isation, preventing radical takeovers of Muslim organisations, and rolling back sharia creep, such as the public cafeterias which now offer only halal-compliant menus, and the separation of sexes in public swimming pools.


One of the examples Macron gave is that the use of sub-contractors to deliver public services has led to sharia restrictions being imposed on the public against government policy. For example, sub-contracted Muslim bus inspectors on public buses have been refusing admission to women if their clothing does not meet their sharia-informed expectations. Macron calls such practices "forced radicalisation." Another proposal is that recipients of government grants will be required to sign up to secularism contracts.


Islamic Education


The most ambitious feature of Macron's October 2 speech is his plan to change the way Islam is organised in France, making it more compatible with the Republic's values. Whilst conceding that "it is not the state's job to structure Islam," Macron wants the state to help build a Muslim-led training body, funded by a tax on pilgrims to Mecca, which will allow France to establish "a form of Islam in our country that is compatible with Enlightenment values." This, he hopes, will lead to an Islam which "can peacefully coexist with the Republic, respecting all the rules of separation [of religion and state] and calming all voices." In essence he wants Muslim citizens to be French first, and followers of Islam second.


Macron intends to achieve this by two means. One is to cut back foreign influence, by closer regulation of foreign funding and ending the importation of imams from other countries. At present around 300 imams move to France each year from Turkey, Morocco and Algeria. The other means is to set up an institute to train French Muslims as clerics inside France, under the supervision of the French Council of the Muslim Faith (CFCM). These measures, Macron hopes, will mould French Muslims into loyal republicans.


Macron also proposes to promote greater understanding of Islamic faith and culture through investing in higher education and research: "We must, very clearly, re-invest, on a massive scale, in the field of social sciences, history, understanding of civilisations." Macron wants to prevent debates about Islam from becoming "ideological and exclusively political ... I want France to become a country where we can teach the thinking of Averroes, Ibn Khaldun, to be a country that excels in the study of Muslim civilisations." In support of this, Macron announced a grant of ten million euros to the Foundation for Islam in France.


France's 1905 Law on the Separation of the Churches and State prohibits the government from interfering in the internal affairs of religions, including by providing finance. This is a limitation Macron must work around, for in reality he wants to re-direct the path of French Islam. The 1905 law was established to regulate the relationship between the state and Christian churches, but its application has been extended to cover the state's relationship with all religions, including Islam.


In Islamic law, there is a principle that if a ruler establishes Islam, he must be obeyed. This potentially allows Muslim states to control mosques directly. Muslim states can use this control to promote radicalism or to inhibit it. For example, in Turkey, imams are appointed by the state, which also mandates that they be trained at state-controlled institutions, and the Turkish government has been driving a program of re-Islamisation of Turkey using, among other means, the imams under its control. In contrast, the 1905 French law prevents the state from exerting such control over mosques, and in any case, from the perspective of Islamic law, it would not be open to Muslims to allow a mosque to come under the control of a secular state.


Across Europe, many universities teach Christian theology, and after 9/11, some Western governments, including Germany, Holland, the UK and France, attempted to influence Islam in their countries by setting up university imam-training programs. Imported imams had been found to be conduits for radicalisation of the young, and governments had come to realise that most imams being brought in from Muslim countries lacked familiarity and sympathy with the culture and values of their new country.


Although a flood of new funding became available in the years after 9/11 to establish university Islamic seminary programs, such programs failed in their objective of influencing the course of Islamic theology in the mosques. Very few graduates of these centres have ended up pursuing careers as imams, and the centres themselves have abandoned the attempt to provide imam training, some closing and some being quietly transitioned into university Islamic Studies programs. This has created more academic positions for Muslim scholars and potentially hastened the Islamisation of knowledge, but has done nothing to limit radicalisation in mosques. The project to establish university-based, state-funded seminary programs failed for several reasons. The most fundamental problem is that Muslims inevitably perceive these programs to be attempts by infidel states to control and divert Islam from its correct course. This entirely valid perception invalidates the program in the eyes of those who employ imams.


One of the functions of an imam is to provide guidance on issues to do with Islamic law. For Muslims to submit to an imam's guidance they must be able to place their trust in his piety and knowledge. By definition, non-Muslims are considered to be "astray" from the rightly guided path of Islam, so an institution set up and influenced by a secular state to train imams, with an agenda to influence Islam towards secular values, will never be trusted by pious Muslims. From a traditional Islamic perspective, the credibility of someone's credentials as a religious scholar or teaching lies, not in the university degrees they hold, but in the reputation of their teachers for piety and religious knowledge. A Muslim scholar-in-formation traditionally acquires knowledge by sitting at the feet of qualified teachers, and receiving an ijazah (licence) from each one. The ijazah will include a scholarly chain of transmission of the knowledge gained from teacher to teacher, stretching back centuries, often to the companions of Muhammad. A degree in Islamic Studies from a secular university will not command the same authority.


At the same time, if it were not for security concerns, no Western government would have been offering to fund the education of imams. This obvious fact also invalidates state-sponsored seminary programs, because those Muslims who do not sympathise with acts of terror will not countenance any suggestion that Islam can be held responsible for self-styled jihadis' heinous acts. This rejection of responsibility for acts of violence is apparent in the expressions of outrage from around the Muslim world about President Macron's defence of freedom of speech. None of the protesters who are incensed by Macron can accept that France is under threat from Muslim violence. Even when Muslims are killing innocent French citizens in atrocious ways, what enrages Muslims in other countries is the perceived victimisation of Muslims.


Muslims will also assume that a state-funded program of imam-training will come under the close scrutiny of the Security Services, which is another reason to distrust it. Another consideration is the reality of foreign control over European mosques. In Holland, more than half the mosques are funded, and their imams appointed, by the Turkish state, and in the UK more than half the mosques are controlled by the Pakistan-based Deobandi movement, and most of the rest are Salafist or Balrevis, both of which are movements which are controlled from outside Britain. Such mosques will not surrender their pulpits to university-trained “imams."


President Macron's proposal to task the CFCM with training imams could avoid some of the problems associated with university-level imam training. However, it still runs the risk of being considered a thinly veiled attempt by the state to influence Islam—which of course it is. Another problem is that the CFCM is not at all a theologically liberal or secular-minded organisation, and it cannot be taken for granted that the imams it produces will embrace the values of secularity and the Republic.


Islam and Secularism


In Macron's Western and indeed post-Christian understanding of secularity, religion is a personal, individual affair, and to follow a religion is an expression of individual freedom. By this reckoning, religion belongs in the home and in the church or mosque, not in public life. Thus Macron revealingly said in his October 2 speech, "If spirituality is a matter for the individual, secularity [laïcité] concerns us all." Not so in Islam. In Islam spirituality is not merely a matter for the individual. Rather, religion is integral to politics: gaining power for Islam is the responsibility of all Muslims, and establishing the religion of Islam is the whole reason for an Islamic state's existence.


A fundamental problem with Macron's renewal program lies in a difference between Islam and Christianity, namely that the very idea of secularity is alien to Islam. The principle of the separation of church and state rests on biblical foundations. It was noteworthy that Marine Le Pen quoted a phrase of Jesus Christ in her recent speech against Islamism, "Render to Caesar the things that are Caesar's and render to God the things that are God's" (Mark 12:17). Nothing like this exists in Islam: everything is Allah's, and the core of Islam is about the exertion of power in service of Allah. As Bernard Lewis repeatedly pointed out, classical Arabic did not even have the language to make the distinction between church and state, sacred and profane, spiritual and temporal, and ecclesiastical and secular. Such terms entered Arabic via the writings of Arabic-speaking Christians.


In the West, secularism as a political ideology arose in response to long-standing struggles between spiritual and temporal authorities. These struggles took place in a Christian theological milieu which considered these two to be distinct. The separation of church and state was deployed to prevent the state from using religion to reinforce its authority, and to prevent the church from using state power to enforce its doctrines. That such mutual exploitation could be seen as a problem in the first place arises from the biblical contrast between the "kingdom of this world" and the "kingdom of God." However, from an Islamic perspective, the whole point of the state is to impose Islam.


What this means in practice is that Islam sees religion and political power as inseparable. To establish Islam means to establish an Islamic public order, including the imposition of sharia, and to impose sharia requires access to power. This means that an inclination to seek such power, and for it to prevail, is hard-wired into the DNA of Islam. This is reflected in Sura 3:110, which defines the mission of the Muslim community, namely to command and forbid: "You are the best people raised up for mankind. You command what is right and forbid what is wrong, and you believe in Allah," and in Sura 9:33 which states that Islam's destiny is to prevail over other religions, "It is he [Allah] who sent his Messenger with guidance and the religion of truth [Islam] to make it prevail over every religion."


Islamic Separatism


In addition to all this, Macron greatly underestimates the extent to which the theological characteristics of the Islamism he deplores are in fact integral to Islam. He was troubled in his October 2 speech by what he considers to be a trend to separatism in Muslim communities. He partly blamed this on past public government policy failures, which allowed immigrants to become isolated in the banlieues. Nevertheless, the will to separate is a part of orthodox Islamic spirituality, and because Islam does not separate the temporal from the spiritual, the separation Muslims seek is not merely spiritual, but political and cultural.


In classical Islamic jurisprudence it was forbidden for Muslims to live outside of an Islamic state for more than a few days at a time. This prohibition is particularly strong in the Maliki school of jurisprudence practised in the north-west of Africa, which is the dominant form of Islamic law practised in France. The duty to migrate into Islamic territory goes back to Muhammad, who said it must apply until the day of resurrection. Today a vast influx of Muslims into Western nations has effectively over-ridden this principle, and considerable efforts have been made by Muslim scholars in recent years to accommodate Islamic "minority jurisprudence" to the reality of Muslim minorities who have settled permanently outside the House of Islam. Over recent decades, statement after statement by eminent orthodox Muslims has advised Muslim immigrants living in Western lands that they must keep themselves separate from the surrounding culture, and not prefer it to Islamic culture.


For example, in 1985, the Washington-based International Institute of Islamic Thought (IIIT) invited the newly formed International Fiqh (jurisprudence) Academy (IFA) of the OIC (now the Organisation of Islamic Co-operation) to determine whether it is lawful in Islam for Muslims to become naturalised citizens of non-Muslim nations. Apparently this was quite a hot potato, and the IFA chose not to publish a formal answer, but it did gather opinions from some of the most eminent Muslim scholars of the day.


One of the opinions was provided by Judge Muhammad Taqi Uthmani, a Pakistani jurist, permanent member of the IFA, and counted the most influential Muslim in the world in the 2020 edition of The Muslim 500: The World's 500 Most Influential Muslims. Uthmani is the spiritual leader of the Deobandi movement, which controls most of the mosques in the UK. Uthmani's answer to the IIIT question was that naturalisation is absolutely forbidden if the nationalised Muslim's intention is to advance their new nation, be proud of it, or resemble its people in practical ways (such as in clothing or cultural conventions). This conclusion was so obvious, Uthmani said, that "there is no need to give evidence" for it. Yet this is exactly what Macron is asking of French Muslims: that they should be transformed into loyal and proud citizens, adopting and conforming themselves to the values of the Republic.


The Islamic principle of separateness is based on verses of the Koran, as well as traditions of Muhammad in which he instructed Muslims to keep apart from infidels, and not to like them or imitate them. Thus, in his response to the IIIT's question about naturalisation, Shaykh Muhammad al-Mukhtar al-Salami, the Grand Mufti of Tunisia, cited the Koranic verse, Sura 5:51: You who believe! Do not take the Jews and the Christians as friends [allies or guardians]. They are friends of each other. Whoever of you takes them as friends is already one of them. Surely God does not guide the people who are evildoers.


The principle of separateness is expressed in the well-known Arabic phrase al-wala' wa-l bara' fī Allāh, which means "loyalty and disavowal for Allah," and is often translated as "loving and hating for Allah's sake." This means holding fast to and loving what is pleasing to Allah and accords with his laws, and keeping separate from and hating what Allah dislikes and is not in accord with his laws. Muhammad said, "Truly the strongest grasp on faith is that you love for the sake of Allah and that you hate for the sake of Allah."


The rejection of the non-Muslim other is also grounded in many verses of the Koran which speak critically of the kuffar (infidels) and urge Muslims not to associate with them, for example Sura 60:4, which advocates enmity towards non-Muslims: There was a good example for you in Ibrahim [Abraham], and those who were with him, when they said to their people, "Surely we are free of you and what you serve instead of God. We repudiate you, and between us and you enmity has shown itself, and hatred forever, until you believe in God alone.”


Sheikh Shady Alsuleiman, president of the Australian Council of Imams since 2016, when asked in November 2002 whether al-wala' wa-l bara' is a part of Islamic faith, replied that it is "obviously a part of [our] belief" and its meaning is that Muslims are obligated to give allegiance to Islam and to Muslims, and not have allegiance to the kuffar nor follow their ways. Then the sheikh began to discuss the duty to migrate. He observed that Muhammad's command not to live among the kuffar was a policy for Medina, when Muslims were strong, not for Mecca, when Muslims were weak. Today, he said, Muslims do not hold power, and there is not even any genuinely Islamic country for them to migrate to: the implication is that Muslims must accustom themselves to living among infidels and under their authority. He also observed that if Muslims communicate hatred to non-Muslims, no one would convert to Islam. Sheikh Shady concluded that, as long as Muslims are "in a state of weakness ... we can't implement the rulings of strength." The clear implication is that until they have power, Muslims must accustom themselves to accepting life under non-Muslim dominance, and the open manifestation of rejection of the infidel awaits the hoped-for but not yet realised political ascendancy of Islam.


This reply is interesting as much for what it does not say as for what it does say. Alsuleiman does not disavow al-wala' wa-l bara', but moderates its application, on pragmatic grounds. He understands that this a sensitive subject. As long as Muslims are vulnerable and dependent for their security upon others, proclaiming this teaching is risky as it could incite hostility against Muslims and inhibit the spread of Islam. It must be emphasised that Sheikh Shady is an orthodox Muslim cleric, not a Salafi. Is he an "Islamist"? Perhaps not, at least, not as long as Islam is politically weak. Nevertheless, his remarks show that disavowal of non-Islam is integral to his faith, not an aberration, and it is only in view of their vulnerability due to lack of political power that he advises Muslims not to manifest hostility to the surrounding culture.


Another theological trend which stands in the way of Macron's program is Islam's tendency to treat groups of people, defined on religious grounds, as collectives with starkly delineated moral qualities. The Koran treats believers and non-believers as groups with contrasting attributes: Muslims are righteous and the kuffar are inherently hostile and intent on destroying Islam. Attacks on Christians and Jews in and outside churches and synagogues demonstrate the principle of collective culpability. Such collectivist thinking was also on show when the former prime minister of Malaysia, Mahathir Mohamad, tweeted in response to President Macron that "Muslims have a right to be angry and kill millions of French people for the massacres of the past." He explained that "since you have blamed all Muslims and the Muslims' religion for what was done by one angry person, the Muslims have a right to punish the French." In other words, if the slaughter of a French schoolteacher gives Macron the right to criticise Islam, then Muslims also should be afforded the right to punish the citizens of France for what Macron said. It is all about the collective.


Macron's underestimation of the challenge of Islam is apparent when he takes Averroes (Ibn Rushd) and Ibn Khaldun to be names to conjure with. These two scholars from the past are meant to stand for all the great Muslim thinkers whose wisdom should be taught in French schools, as part of a grand project to gain a "better understanding of the civilisations that coexist on our soil." In reality, if they were alive today, both Averroes and Ibn Khaldun would be considered Islamists. Ibn Khaldun criticised the separation of religion and politics in Christianity, proudly observing that "in the Muslim community, the holy war is a religious duty, because of the universalism of the [Muslim] mission and the [obligation to] convert everybody to Islam either by persuasion or by force." In contrast, the weakness of Christianity, he asserted, is that Christian rulers are not "under obligation to gain power over other nations, as is the case with Islam."


For all his commentaries on Aristotle, Ibn Rushd was an orthodox Sunni jurist who affirmed the obligation of an Islamic state to wage war against non-believers to spread Islam: "According to the majority of scholars, the compulsory nature of the jihad is founded upon [the Koranic verse] 'Fighting is prescribed for you, though it is distasteful to you'" (Sura 2:16). He also wrote, in agreement with Ibn Khaldun, "Why wage war? The Muslim jurists agree that there are two purposes [for Muslims] to fight the People of the Book [Christians and Jews] ... it is either for conversion to Islam or exacting tribute." So much for defensive jihad.


The irony is that Macron was right about the need to understand these scholars and their message. The French do need to gain a better understanding of the foundations of Islamic civilisation, if only to better appreciate that the theological roots of Islamism can be found in the orthodox mainstream of Islam itself. Then they might come to understand how difficult and even fantastical is the project Macron is envisaging, to lead French Islam through an Enlightenment, and at the same time to inspire Muslims and non-Muslims to "love the Republic again," together. This is a policy grounded in denial. It is blind to the reality that the French doctrine of laïcité presupposes a particular understanding of "religion" and its distinctness from politics, which arose from a cultural context shaped by the Bible. Islam is something else, and the French policy of laïcité is ill-equipped to contain and manage Islam's mode of being, with its all-encompassing social, cultural and political claims.


Macron wants French Islam to embrace the (biblical) idea of separation of church and state. Ironically, he wants to transform Islam for the sake of laïcité. For its part, French Islam wants the state to allow it to enforce its own dogma of separation, namely the separation of Islam from non-Islam, and Muslims from non-Muslims.


Macron was right to discern that Islamists want to be separate in order, eventually, to take over completely, but although there is much that France can do to contain this ambition, Macron cannot preach freedom of religion to Muslims and at the same time expect them to voluntarily limit their religious horizons to the kind of private, individual piety that he approves of. Let France enforce its laws upon its citizens, but do not expect French Muslims to voluntarily submit to an "Enlightenment" which many of them will rightly discern is contrary to their deeply held religious beliefs and values.


Conclusion


Some measures in Macron's proposals are long overdue, such as shutting down unregistered religious schools, limiting the entry of foreign-trained imams, limiting the enforcement of sharia upon the French public, greater regulation of foreign financing, and closer monitoring of mosques. Macron is also right to identify radical political Islam, or "Islamism," as a threat to the Republic. That too little has been done for too long to counter this threat is because the problem has been ignored, misunderstood and denied. The frog has been slowly cooking for a long time, and now it wants to jump out of the pot!


Regrettably Macron, even as he attempts to shore up France's resolve, has misunderstood the depth and extent of the problem. Some of his proposed measures can no doubt help strengthen France's grasp on its secularity, and he is right to focus on the key role of imams in advancing the separation of Islamisation, but his hope of "forging a type of Enlightenment Islam in France" will prove to be a vain one. French Muslims will not allow Islam to be patronised by being turned into a client of the secular state. They will discern the hypocrisy of trying to interfere in Islam for the sake of upholding a separation between church and state.


Mark Durie is a Fellow at the Middle East Forum, founding director of the Institute for Spiritual Awareness, and a senior research fellow of the Arthur Jeffery Centre for the Study of Islam.


Monday, December 14, 2020

The War, The Surrender and a Rescue Mission

The War


It had taken just under a fortnight to vanquish the Pakistani military which saw the surrender of 93,000 Pakistani soldiers. The Liberation War of 1971 had officially begun soon after the Pakistan Air Force carried out a preemptive raid on Indian air bases on the evening of 3 December, but the Mukti Bahini had been active for the past many months inside East Pakistan, harassing and attacking the Pakistani security forces, forcing them to cover their flanks and rear and allowing them no rest or respite. Eastern Command had initially set up eight training camps for the Mukti Bahini and these were later increased to eleven, of which one camp was purely for officers. The Indian army had been accorded approval to attack Pakistani positions within 10 miles of the border and these attacks had commenced by end October. Fierce battles were fought in Dhalai, Atgram, Garibpur, Shamshernagar and Hilli amongst others. On 21 November, two Pakistani F-86 Sabre jets were shot down by Indian MiG 21 Fighters when they intruded into Indian air space and their pilots were taken prisoner, marking the first aerial combat between India and Pakistan since the 1965 war.


With the official outbreak of war, the Indian Army went on an offensive on four thrust lines. From the West, the newly raised II Corps under General Raina made a thrust towards Jessore. In the North-Western sector, XXXIII Corps under General Thapan moved along the Hilli-Gaibanda axis to cut the area into two. In the North-Eastern sector, 101 Communication Zone moved along the Jamalpur-Tangail axis towards Dhaka and in the South-Eastern Sector, IV Corps under the indomitable General Sagat Singh was tasked to contain Sylhet and then move to capture Chittagong.


The main offensive commencing in the early hours of 4 December went as per plan, with the Indian forces bypassing cities and moving swiftly towards their objectives. It was however left to the genius of General Sagat Singh to bring the Pakistani forces to their knees. Sensing an opportunity, he used the helicopters under his command, to make a brilliant crossing of the Meghna River, which altered the course of the war. The para drop of 2 Parachute Battalion at Tangail on 11 December was the Indian Army’s first airborne assault and it shook the military leadership of the Pakistanis. The battalion thereafter, laid an ambush at Poongli bridge and cut off the Pakistani forces retreating from Jamalpur, inflicting heavy losses on them. 1 Maratha of 95 Brigade linked up with this force the next day. 


On 14 December, the IAF carried out a precision attack on the Governors house, just at the moment when the Governor was holding a high level meeting. The Governor in a panic resigned and thereafter took shelter in the Intercontinental Hotel, which had been declared a peace zone by the UN. That was the end of the government. That evening, Lieutenant General Niazi and Major General Farman Ali, who was a senior military advisor to the government, went to see the American Consul General, Mr Spivack, with a ceasefire proposal which broadly entailed a ceasefire under UN, handover the government to UN, withdrawal under UN, no trials and no mention of India. This of course was rejected by India.


By the evening of December 15, the noose had further tightened around Dhaka. 95 Brigade was at the Mirpur Bridge over the Bhuriganga River and early next morning was at Kurmitola. IV Corps was also knocking at the gates of Dhaka, with 311 Brigade close to area of Gulshan Model Town next to Dhaka Cantonment and 301 Brigade in the area of Adamji Jute Mills in Narayanganj. The Pakistani Army in Dhaka was now hemmed in.


The Surrender


From the early part of the morning of 16 December, the atmosphere all across the war zone in East Pakistan was electric, in anticipation of the surrender of the Pakistan Armed Forces. A ceasefire had come into effect by midday and at 2 pm, the Army Commander, Lt Gen JS Aurora along with Air Marshal HC Dewan of Eastern Air Command and Vice Admiral Krishnan of the Eastern Fleet landed at the Agartala airfield. They were received by GOC IV Corps, Lt Gen Sagat Singh and thereafter, the group accompanied by a bevy of reporters moved in ten helicopters—five Alouettes and five MI 4—to Dhaka airfield.


Earlier in the day, Maj Gen JFR Jacob, the Chief of Staff, Eastern Command, had met Lt Gen Niazi at his headquarter and given him the terms of surrender. The meeting had been arranged by Maj Gen Nagra, the commander of Eastern Command’s 101 Communication Zone Force. He had contacted Gen Niazi a day earlier and also met him in the morning of the 16th. His two brigades, 95 and 167 Mountain Brigades, had moved up to the Dhaka cantonment and this force had been further strengthened by a squadron of PT 76 tanks. The tanks had been moved forward by General Sagat Singh as an additional precaution, to ensure enough physical evidence of the military strength of the Indian forces in Dhaka.


The helicopters with the Indian commanders and a bevy of reporters landed at Dhaka airfield and were received by their Pakistani counterparts—Lt Gen AAK Niazi, Rear Admiral Mohammad Shariff and Air Commodore Inamul Haq. The victors and the vanquished then drove to the Ramna Racecourse, five km from the Tezgaon Airfield. for the surrender ceremony. Bangladeshi flags fluttered atop all the rooftops and the streets swarmed with millions of people waving flags and cheering to the cries of ‘Joi Bangla’. 


A table and two chairs had been procured from Gen Niazi’s office. General Aurora was given a Guard of Honour by a hurriedly arranged mix of available Pakistani troops, with Gen Niazi’s ADC, commanding the motley contingent. The two commanders sat down and the surrender document was placed before Niazi. He read the same and then signed all the five copies. General Aurora then signed the documents. He asked Niazi for his pistol and the same was handed over. Then General Niazi’s badges of rank were removed which marked the end of the surrender proceedings. The crowd in the Ramna ground was delirious with joy. Dhaka was now the free capital of a free country.


The Rescue


While the Pakistani forces had surrendered, the family of Sheikh Mujibur Rahman was still under the custody of the Pakistani forces. At nine in the morning of 17 December, Maj Ashok Tara of 14 Guards was summoned by his Commanding Officer Lieutenant Colonel VN Channa. He was told that Sheikh Mujibur Rahman’s family is under house arrest and his wife and children were being guarded by a contingent of Pakistani troops. “Your job”, the CO told Maj Tara, “is to get them back safely”.


Moving quickly to the area with his troops, Maj Tara found the house guarded by trigger happy sentries who were blissfully unaware of the surrender that had taken place a day earlier. A direct assault could have caused bloodshed inside the house, so Maj Tara walked up to the gate alone and unarmed. The sentry had his finger on the trigger but he held his fire. Over the next half an hour or so, Maj Tara convinced the captors to surrender their arms and a great deal of bloodshed was avoided. Most importantly, Mrs Mujibur Rahman and her daughters Hasina and Rehana, along with some other relatives were safely rescued. That was indeed most fortunate as Sheikh Hasina is now the Prime Minister of Bangladesh. 


Post Script


The valour of the Indian Armed Forces has never been in doubt, but an account by Sydney Schanberg, the Pulitzer winning American journalist as published by the New York Times post the Liberation War is a great tribute to the Army. This is what he wrote:

“I don’t like sitting around praising armies. I don’t like armies because armies mean wars. But this (Indian) army was something. They were great all the way. There never was a black mark…I lived with the officers and I walked, rode with the jawans-and they were all great. Sure, some of them were scared at first-they wouldn’t be human if they weren’t. But I never saw a man flinch because he was scared. There was tremendous spirit in the Indian Army and it did one good to experience it. I have seen our boys in Vietnam-and this army was different. Their arms and equipment aren’t as good-but what they had was used with effect and boy! could they improvise. I saw heavy recoilless guns carried on shoulders, big guns pushed across marshes like ox-carts, by jawans, villagers, officers, everybody was in it together and they were perfect gentlemen. I never saw them do a thing wrong not even when they saw just how bestial the enemy had been.”


Published in Chintan: 16 December 2020

REMEMBERING THE LIBERATION WAR

On the evening of 3 December 1971, at about 1730 hours, the Pakistani Air Force carried out a series of preemptive strikes on the forward airbases and radar installations of the Indian Air Force in an operation codenamed “Chengiz Khan”. The air strikes were followed by a massive ground offensive against Indian positions in the Chhamb sector. India’s Prime Minister, Shrimati Indira Gandhi was in Kolkatta at that time, addressing a rally at the Calcutta Brigade Grounds. The message of the attack, as received by Eastern Command, was relayed to the Governor of West Bengal, who directed his ADC, Capt DO David to convey the same to the Prime Minister. As the sun was setting, a young aide walked up to the podium and handed her a slip of paper, while she was delivering her address. She quickly wound up the rally, and soon thereafter, flew back to Delhi. She was received by the Defence Minister when the plane landed at 10.45 pm, and drove straight to Army Headquarters, where the Army Chief, Gen Sam Manekshaw briefed her. She then met her cabinet colleagues and a decision was taken to declare hostilities with Pakistan and to recognise Bangladesh. The Indian Air Force responded that very night against targets in Pakistan. The War for the Liberation of Bangladesh had begun.


Background

The strain in relations between the two wings of Pakistan had their roots in policies which consistently favoured the West Wing at the expense of the East. Matters came to a head following the elections held in Pakistan in December 1970. The Awami League, led by Sheikh Mujibur Rahman, which went to the elections campaigning for regional autonomy for the Eastern Wing, won all but two seats in East Pakistan, which gave the Awami League a decisive majority in Pakistan’s National Assembly. But General Yahya Khan refused to hand over power to Mujib, as a result of which the Awami League launched a massive civil disobedience movement in East Pakistan.  


To crush political dissent, General Yahya Khan, Pakistan’s military dictator, launched Operation Searchlight on 25 March 1971, the code name for the military crackdown on the Eastern Wing. In a conference held a month earlier, President Yahya Khan reportedly said, “Kill three million of them and the rest will eat out of your hands” and that is what the Pakistan army set out to do. Homes were looted and burned, women were raped and innocents in their thousands were slaughtered mercilessly. Anyone suspected of dissidence was hounded down and killed, and the list included students, university lecturers, writers, journalists, professionals and intellectuals. Sheikh Mujibur Rahman too was arrested and flown to prison in West Pakistan. But the slaughter and the inhumanity of the Pakistan army was resisted and the pushback gave birth to the Mukti Bahini.


On 31 March, six days after Yahya unleashed his reign of terror, Indira Gandhi stood up in the Lok Sabha and delivered an impassioned resolution:

This House expresses its profound sympathy for and solidarity with the people of East Bengal in their struggle for a democratic way of life. Bearing in mind the permanent interests which India has in peace, committed as we are to uphold and defend human rights, this House demands immediate cessation of the use of force and the massacre of defenceless people. This House calls upon all peoples and Governments of the world to take urgent and constructive steps to prevail upon the government of Pakistan to put an end immediately to the systematic decimation of the people which amounts to genocide. This House records its profound conviction that the historic upsurge of the 75 million people of East Bengal will triumph. The House wishes to assure them that their struggle and sacrifices will receive the whole-hearted sympathy and support of the people of India.


The next nine months would however witness a genocide which the world’s democracies would largely ignore. A concert held in Madison Avenue in the United States, organised by Pandit Ravi Shankar, the world renowned Sitarist and the Beatle, George Harrison—The Concert for Bangladesh—a pair of benefit concerts organised on Sunday 1 August 1971, at 2.30 and 8.30 pm, which figured some of the biggest names of the times—George Harrison, fellow ex-Beatle Ringo Starr, Bob Dylan, Eric Clapton, Billy Preston, Leon Russell and the band Badfinger, did much to raise the consciousness of the world on the genocide taking place in East Pakistan. But by then a lot of damage had already taken place.


Millions of people fled the country and moved into India where they were put in refugee camps. By the time the Indian Armed Forces moved into Pakistan in support of the Liberation Movement, over three million people had been slaughtered by the Pakistan military. On 4 December, Indira Gandhi told a packed Lok Sabha:

“For over nine months, the military regime of West Pakistan has barbarously trampled upon the freedom and basic human rights in Bangladesh. The army of occupation has committed heinous crimes unmatched for their vindictive ferocity. Many millions have been uprooted, ten million have been pushed into our country. We repeatedly drew the attention of the world to this annihilation of a whole people, to this menace to our security. Everywhere, the people showed sympathy and understanding for the economic and other burdens and danger to India. But governments seemed morally and politically paralysed…West Pakistan has escalated and enlarged the aggression against Bangladesh into full war against India…We should be prepared for a long struggle”.


The Indian Armed Forces and the Mukti Bahini brought the war to a swift end in under two weeks, culminating in the surrender of the Pakistan Army on 16 December 1971 and heralding the birth of a new nation. But what must never be forgotten is the genocide that took place during the nine brutal months of repression. A passage from the work of journalist and researcher Afsan Choudhary is especially poignant. 

“I came out and saw the army. They wanted to go inside. I put my hands up like this and said there was no one inside. They flung me away into the yard and dragged my husband and son outside. They shot them both right there, there. They killed every male in the village, every male. When the army was gone, there was not a single man left to bury the dead. We had to drag the bodies ourselves and bury them.” 


The bestiality of the Pakistan Army crossed all bounds when they used rape as an instrument of coercion. As per Susan Brownmiller: 

“Between two to four million women were raped over a period of nine months. Eighty percent of the raped women were Muslims, reflecting the population of Bangladesh, but Hindu and Christian women were not exempt. … Hit-and-run rape of large numbers of Bengali women was brutally simple in terms of logistics as the Pakistani regulars swept through and occupied the tiny, populous land. Girls of eight and grandmothers of seventy-five had been sexually assaulted … Pakistani soldiers had not only violated Bengali women on the spot; they abducted tens of hundreds and held them by force in their military barracks for nightly use. Some women may have been raped as many as eighty times in a night”.


The nine months preceding the war, from the time of the infamous crackdown to the launching of operations by the Indian Armed Forces on 4 December 2020, witnessed hectic political activity, with the Indian Prime Minister meeting world leaders across the globe to sensitise them to the carnage taking place in East Pakistan. Her 21 day tour of Europe and America, beginning on 24 October, achieved little more than sympathy from the leaders of Europe. In Britain, Indira Gandhi addressed an audience at the India League and told them that she felt as though she were ‘sitting on top of a volcano, and I honestly do not know when it will erupt’. The US however remained intransigent. The meeting with Nixon took place on 4 and 5 November in the White House Oval Office, but achieved little and the chill in the office was freezing. For Indira Gandhi, war as an option was never ruled out, but it was the option of last resort. That option was exercised on 4 December 1971. And the rest is history. (To be concluded)

Published in Chintan: 3 December 2020



 

Saturday, October 10, 2020

REFORMING PROCEDURES AND INSTITUTIONS

For long, the Indian defence industry has been dominated by the public sector, with the Armed Forces, especially the Army being its captive market. As of now, the defence public sector consists of 41 Ordnance Factories (OF), 13 Ordnance Research and Development Centres, nine Ordnance Institutes of Learning, three Regional Marketing Centres and four Regional Controller of Safety, all of which come under the Ordnance Factory Board (OFB) which in turn comes under the Department of Defence Production in the MoD. The Department of Defence Production also has under its ambit the Defence Research and Development Organisation (DRDO) and nine Defence Public Sector Undertakings (DPSU). As India’s defence requirements was proposed to be met in full by the public sector, the private sector was not given any space to grow.


Much of this had to do with legacy attitudes carried forward from pre-independence times. It was partly also a result of a lack of an understanding of  how ‘realpolitik,’ played out in the international arena and a totally misplaced faith in non-violence and diplomacy to resolve disputes with neighbours. Shortly after achieving independence, India’s first Prime Minister, JL Nehru, actually questioned the need for an Army. General Lockhart, who was appointed as the Commander in Chief of the Indian Army, met the Prime Minister and asked him for the government’s directive on the Nation’s defence policy. This caused Mr Nehru to explode. “Rubbish! Total rubbish,” he shouted! “We don't need a defence plan. Our policy is ahimsa (non-violence). We foresee no military threats. Scrap the army! The police are good enough to meet our security needs”. 


That naiveté soon gave way to some level of pragmatism as Pakistan aggression in October 1947, saw the Army and Air Force being rushed in to save the situation in Kashmir. But the final awakening took place in 1962, after India faced a humiliating defeat at the hands of the Chinese. Today, the nation is reasonably well prepared to defend itself against all threats. But an aspect of prime concern is India’s dependence on imports for advanced weapons and cutting edge technologies. To overcome this lacuna, major policy reforms have been announced to enhance self-reliance in defence production. These pertain to revised rules on FDI and corporatisation of the OFB.


Indian companies were loathe to invest in defence manufacturing as FDI was not permitted, restrictions were placed on exports and even if a product was manufactured, there was no guarantee that orders would be placed by the armed forces. Consequently, the private sector did not invest in research and development for military related equipment and hardware. A change took place at the turn of the century, when the private sector was allowed 100 percent equity with a maximum of 26 percent FDI. This was however subject to licensing from the government. Unsurprisingly, the response was lukewarm and the initiative failed to attract any worthwhile FDI. The government tweaked the policy many times thereafter, but kept the FDI component below 51 percent, to avoid handing over control to a foreign institution. This too, cut no ice. In 2015, the government allowed higher FDI through government approval on a case to case basis for state of the art technologies (later amended to modern technologies), abolished the Foreign Investment Promotion Board and did away with the requirement of CCS approval and requirement for single largest Indian ownership of 51 percent, apart from doing away with the requirement of three year lock-in period for equity transfer by the foreign investor. But all this failed to enthuse the foreign investors. As minority shareholders, they would have limited say in management of the company, and would not be in a position to control the decision making. The total FDI inflow in the defence sector in 2018-2019 was thus a meagre USD 218 million, as compared to the total FDI which came to India which was USD 62 billion.


The latest move to increase FDI in defence to 74 percent through the automatic route, giving the foreign investor controlling interest, will likely lead to increased FDI inflows in the defence sector. Should this materialise, it would bring in much needed technology and finances, giving a huge boost to India’s efforts to achieve self reliance in the defence sector. Here, the two defence corridors that have been created, one in Tamil Nadu and the other in Uttar Pradesh, can act as further magnets to draw in investment. Latest technologies can now come to India through the setting up of subsidiaries by foreign vendors through Joint Ventures (JV) with Indian companies in India. These in turn can become the base for future development of technologies.


In addition, the Buy (Global: Manufacture in India) clause in the draft Defence Procurement Procedure (DPP) 2020, mandates 50 percent indigenous content in the manufacturing of either the entire equipment or spares/assemblies/sub-assemblies/Maintenance, Repair and Overhaul (MRO) facility through the Indian subsidiary. This is likely to further encourage foreign investors to set up subsidiaries in India and participate in procurement though this route. Setting up of foreign defence companies in India will also require an ecosystem to procure spares and parts from the local manufacturers to cut down on the cost of the equipment. Defence manufacturers involved with low-end technology now stand incentivised to provide necessary spares. Over time, a defence ecosystem in the country will develop to make spares available locally and provide life time support to the equipment.


Exports are now being encouraged with Prime Minister Modi laying down an ambitious export target of USD 5 billion by 2025. Presently, India figures in the 23rd place among the top 25 arms exporter in the world as per SIPRI report of Mar 2020, but accounts for just 0.2 percent of the global arms market. With government assistance, India can emerge as a favoured destination for purchase of weapons, platforms and equipment, especially from the Asian countries which are looking at an alternative to Chinese products. This should give a fillip to creating a strong defence industrial base in India, which in turn will reduce India’s dependence on imports, enhance local manufacturing capability, create jobs locally and boost the Indian economy.


Can easing FDI norms impinge on national security? What would happen if the foreign manufacturer chose to shut down the facility at a critical time? These are valid concerns, but since all facilities within India would be governed by Indian laws, cutting off supplies at a critical juncture is not a likely occurrence. However, if we were dependent on imports, then those supplies could be cut off.  Local manufacture through FDI still remains a far better option to imports. There is also a view expressed that FDI will have a negative impact on the indigenous Indian defence industry. But even without FDI, the industry progressed little. Advanced technology takes years to develop and India will forever remain in the catching up phase sans FDI. So FDI remains the best bet for now to get advanced technology. This will in time lead to the development of a strong defence industrial base and thereafter to in-house development of cutting edge technologies. Raising the FDI limit to 74 per cent seems to be a workable solution and perhaps in the days to come, this could be further ramped up to 100 per cent, where required.


Corporatisation of the OFB

The other important reform pertains to the corporatisation of the OFB. The users have always had serious concerns with products supplied by the OFB pertaining to reliability, costs, delays in delivery schedules and lack of accountability. It was hoped that corporatisation of the OFB would revitalise this segment of defence production. Corporatisation however is not a new idea. It was recommended by the Nair Committee in 2000, the Kelkar Committee in 2005 and the Raman Puri Committee in 2015. But its implementation was dropped due to resistance from the unions and also by vested interests within the system.


Post the 2019 General Elections, the corporatisation of OFBs formed part of the Modi 2.0 government’s ‘167 transformative ideas’ to be implemented in 100 days ie by Oct 2019. But this too was scuttled by the unions, which threatened an indefinite strike, fearing loss of jobs. The government has now announced corporatisation of the OFB, but this time as a 100 percent government owned public sector unit (PSU), on the lines of other defence PSUs. The aim is to provide functional and financial autonomy and managerial flexibility to the OFB, to enable the organisation to grow at a faster pace and play a greater role in defence manufacture, while at the same time, adequately safeguarding the interests of the workers. The unions however remain agitated and have called the government’s decision as “arbitrary, illegal and unjustified”. They believe that corporatisation is the first step towards privatisation.


The fact however remains that the OFB has regularly performed below its potential. There are serious concerns with respect to quality, delivery schedules and cost of manufacture. The OFB has monopoly over several products required by the armed forces, and thus sees little need either for innovation and technology development, or to improve quality and cost efficiency. The aspect of lack of accountability also remains a serious concern. The supply of defective anti tank mines to the Army by the OFB in February 2010, which were manufactured by Ordnance Factory, Chanda, but were rejected by the Army due to exudation in TNT, is a case in point. The Army wanted the mines to be destroyed, but the OFB was unwilling to write off the huge cost incurred in the manufacture. So despite warnings being given by the Army, the mines were ordered to be kept segregated in CAD Pulgaon. These caught fire in 2016, which led to the loss of 19 lives. But till date, no one in OFB or OF Chanda has been held accountable. Such stories get repeated year after year, with little or no action being taken against the supply of poor quality products which at times results in accidents and unnecessary loss of lives and limbs. If such a serious case as that of the faulty mines manufactured by OF Chanda can be brushed under the carpet despite receiving focussed media attention, then the other cases obviously will merit little or no attention at all.


Corporatisation will lead to better management of the OF, with greater autonomy in functioning. Decision making will be dynamic and in real time, leading to timely deliveries, achievement of laid down targets and the supply of quality products at competitive rates. It will enable the OFB to form strategic alliances with Indian and overseas companies, will boost innovation and lead to development of new products, all of which will enable the ‘Make in India’ projects. This will lead to better user satisfaction and reduced costs. But will the government push through with this reform, which is vital for the growth of the Indian defence sector? Or will the unions still hold sway with their threats to go on indefinite strike? As of now, the unions have called off their proposed indefinite strike, which was scheduled for 12 October 2020. This followed a conciliation meeting, held between the three Federations of Defence Civilian Employees and the Ministry of Defence, wherein it was agreed that, during the pendency of on-going conciliation proceedings, the Ministry will abide by the provisions of Section 33(1) of the Industrial Disputes Act 1947 which stipulates that the employer cannot alter the conditions of service of the employees till the conclusion of conciliation proceedings. However, it will not affect government’s decision to corporatise the OFB. The road ahead appears bumpy, but by no means insurmountable. For the good of the nation, it is vital that these reforms are pressed through with the urgency they deserve.

(For DSA - Nov 2020)

Monday, August 3, 2020

REVOKING THE PROVISIONS OF ARTICLE 370: A QUEST FOR EQUALITY AND JUSTICE


“There is a tide in the affairs of men, which, taken at the flood, leads on to fortune.” This line from the play Julius Caesar, by William Shakespeare, is oft quoted not just for its pithy turn of phrase but as an example of leadership and taking critical decisions at an opportune moment. Such an event was witnessed on 5 and 6 August 2019, when the Indian Parliament, in a spirit of near total bipartisanship, amended the Constitution, abrogating Article 35A and revoking most of the provisions of Article 370.


Why Article 370 was inserted into the Constitution in the first place is a subject of controversy. When Maharaja Hari Singh acceded to the Indian Union on 26 October 1947, that accession was final and irrevocable. The Instrument of Accession signed by the Maharaja was the same as signed by all the other princely states. There was no demand from the people of the state for a separate status, so its introduction, albeit as a temporary provision, was wholly unnecessary. It allowed for a separate flag and a separate Constitution for the State of J&K, which in the years to come, fuelled a separatist mentality and prevented the emotional integration of the State into the Union of India. But more than Article 370, it was the surreptitious manner in which Article 35A was inserted into the Constitution by a Presidential Proclamation without reference to the Indian Parliament, which was the cause of much of the ills that followed. Strangely, in the written texts of the Constitution which were published thereafter, Article 35A found no mention, which is what prompted India’s former Finance Minister and noted lawyer, the late Shri Arun Jaitley, to refer to this insertion as a fraud committed on the Constitution of India.


Article 35A allowed the Jammu and Kashmir legislature to define permanent residents of the state. And in doing so, certain vulnerable sections of society were discriminated against. These were the Valmikis, who had been brought into the state in 1957, the West Pakistan Refugees who had come to the state post partition, the Gurkhas who fought alongside the Dogra forces, and women who chose to marry outside the state. The provisions were discriminatory and violated the fundamental rights as guaranteed to every Indian under the Constitution of India, but little could be done by the Centre as the state of J&K had its own Constitution. Articles 370 and 35A thus enabled a constitutionally approved apartheid system to exist in J&K, which at one end, gave special political, administrative and legal powers to the minuscule elite and on the other, blatantly discriminated against women and other weaker sections of society.


The repeal of the provisions of Article 370 and Article 35A has in one stroke, made all citizens equal beneficiaries of all the fundamental rights guaranteed in the Constitution of India. Over 10,000 Valmikis (Dalits who worked as safai karamcharies) have finally got domicile rights. Nothing could be more shameful than the fact that because of Article 35A, all job opportunities other than that of safai karamcharies were denied to the Valmikis, regardless of their educational qualifications and ability. Over 20,000 West Pakistani Refugees now have democratic and property rights—something that was denied to them for seven long decades. In addition, each family has also received a financial grant of Rs 5,50,000. Gender justice has also been brought about and a woman from the state will now not lose her domicile if she marries outside the state.


In addition, 170 people friendly and progressive laws such as Right to Education, Right to fair compensation for land acquired, Maintenance & Welfare of Parents & Senior Citizens Act-2001, National Commission for Minority Act and Acts for benefit of Women, Children, Disabled, besides the 73rd and 74th amendments have now become fully applicable to J&K. The application of these laws guarantees equity and fairness to the underprivileged such as scheduled castes and tribes, women, children and senior citizens. 


Revoking of the provisions of Article 370 has now extended the benefits of reservation to the marginalised sections of the population which have remained either unrepresented or under-represented. Over the last one year, the Reservation Rules have been made more progressive, giving reservation to Pahari Speaking People (4%) and Economically Weaker Sections (10%). Nearly 1.75 lakh Pahari speaking families and at least 1.5 lakh Economically Weaker families will benefit from the move. In addition, the benefits of reservation which were hitherto available only to people living in villages on the Line of Control, have now also been extended to residents of villages on International Border (IB), which has empowered and benefitted nearly 70,000 families.


Benefits under the 7th Central Pay Commission have now been extended to the employees of the Union Territory. To enhance transparency in governance the Jammu & Kashmir State Vigilance Commission Act, 2011 has been replaced and the Anti-Corruption Bureau of J&K brought under the direct supervision of Central Vigilance Commission. All the provisions of Central RTI Act 2005 have also been enforced in J&K. Measures to strengthen the Justice delivery mechanisms have been introduced which in due course of time will make governance structures more accountable and transparent.


A year ago, the Indian People, through their representatives in Parliament, ushered in a new dawn for the people of J&K. A year is but a short time to see the beneficial impact of the changes wrought, but history will bear testament to the fact that this was the most enabling legislation, brought forth by a strong and determined government to fully integrate the Union of India.


Sent to DoorDarshan on 3 July 2020.

Friday, July 31, 2020

THE RAFALE SAGA: Delayed Timelines, Cost Escalation and an Executive Decision

A proposal for the purchase of 126 MMRCA (Medium Range Multi Role Combat Aircraft) was first mooted by the IAF to the Vajpayee led NDA government in 2000 CE. On acceptance, the initial RFI (Request for Information) was issued in 2001. Meanwhile, the Congress led UPA government came into power in 2004 and the Defence Acquisition Council (DAC) headed by the then Defence Minister, Shri AK Antony gave clearance for the purchase of 126 MMRCA, post which the RFP (Request for Proposal) was issued in June 2007. The RFP was earlier planned to be issued in December 2005, but the timeline was delayed as a new Defence Procurement Procedure (DPP) was put in place in 2005 and there was a need to fine tune the offset policy under DPC 2005. The concept of total life cycle costs had been introduced for  the first time in Indian defence procurements and was reportedly a major source of the delay. 


Six companies shortlisted during the RFI process were issued the RFP for the procurement of 126 MMRCA of which 18 aircraft were to procured in “fly away condition” and the balance 108 aircraft were to be built by Hindustan Aeronautical Limited (HAL) under transfer of technology (TOT). These were Dassault Aviation (France) for Rafale, Eurofighter Typhoon (multi national), RAC-MiG (Russia) for the MiG 35 Fulcrum, SAAB International (Sweden) for JAS39 Gripen, Boeing (USA) for F/A-18E/F Super Hornet and Lockheed Martin (USA) for the F-16 IN Super Viper. Technical evaluations of the six aircraft were thereafter undertaken by the IAF, followed by field trials in August 2009. By early 2010, the evaluation of all the aircraft had been completed and in April of that year, the six firms were requested to forward their updated bids. By April 2011, two bids had been shortlisted for the purchase of MMRCA—Dassault Aviation for its Rafale and Eurofighter for its Typhoon. The final bids made by both were opened on 4 November 2011 and on 31 January and Dassault Rafale was selected for exclusive negotiations.


Looked at holistically, this was a well considered choice as the IAF already had 49 operational Mirage 2000 jets manufactured by Dassault Aviation as well as 92 operational Jaguar jets produced by HAL in technical collaboration with he same company. The defence minister confirmed that Dassault Aviation would supply 18 Rafale MMRCA in fly away condition and that the remaining 108 fighters would be manufactured by HAL under TOT and that the contract would be signed after march 2012. Meanwhile, in February 2012, Dassault Aviation signed an Memorandum of Understanding (MoU) with Mukesh Ambani’s Reliance Industries Limited (RIL) to form a joint venture to explore joint opportunities in the defence sector and cooperation in the execution of the MMRCA (Rafale) deal. As stated by Mr Eric Trappier, the CEO of Dassault in an interview to the economic times, Dassault Aviation was keen to partner RIL and not HAL, as both were family enterprises and could work together. However, as the RFP had pre-specified that HAL would be the lead integrator, Dassault agreed to work with HAL. It however stated that it would help RIL create a Rs 1500 crore factory in Bangalore to produce wings for the Rafale jets to be made in India by HAL. 


All that remained to be done now was to sign the deal, but it fell through on extraneous grounds, 28 months after the announcement of Dassault Rafale being finalised. When the deal was put up to the Defence Minister for his seal of approval, he reportedly approved the deal but with a caveat that Dassault Aviation must take responsibility for the 108 Rafale MMRCA which HAL was to produce. This obviously was not acceptable to Dassault Aviation, as they could not take responsibility for the professionalism and expertise of another organisation. They also had reservations about the ability of HAL to accommodate the complex manufacturing and technology transfers of the aircraft. There were other issues too.  While Dassault had provisioned for 30 million man-hours for production of the 108 Rafale jets in India, HALs estimate was 2.7 times higher, escalating costs manifold. Why the then Defence Minister, Shri AK Antony reportedly made an observation on file that was designed to kill the deal remains a mystery. But the nations defence capability stood compromised to that extent.


In 2014, the BJP led NDA government was voted to power and Shri Narendra Modi was sworn in as the prime Minister. The IAF was still woefully short of fighter aircraft to fulfil its operational commitment and the Prime Minister was apprised of the same. Getting back to the original deal was not possible and a fresh deal would have come with all the attendant delays associated with the bidding process. There was an issue of operational urgency and the Prime Minister, during his visit to France, announced on 10 April 2015 that India would buy 36 Rafale jets in a fly away condition from Dassault Aviation, through a Government to Government (G to G) agreement. Being a G to G deal obviated all issues of impropriety which had characterised many earlier defence deals. Within a year, on 23 September 2016, the deal for 36 Rafale jets was signed between the two governments for a sum of €7.87 billion (Rs 59,000 crore approximately).


A comparison between the aborted deal of the UPA and the one executed by the NDA is odious as the former was not inked, and hence we do not know what price had been negotiated for the 126 Rafale MMRCA. The MoD had given an indication that the final value of the MMRCA deal would be in the range of Rs 791-987 crore per jet. However, this excluded about 50 to 60 unpriced items which were listed as miscellaneous in the winning bid by Dassault. Dassault’s bid only included the price of the initial 18 aircraft, licensing fees and the supply of parts required to assemble the remaining 108 in India. It excluded weapons, maintenance and the costs that HAL would incur for local assembly. The cost of Rs 1600 crore for a ready to fight aircraft, which includes the full complement of modern armaments, guidance systems and specific to India only add ons was thus a good deal to clinch, both in terms of cost and operational needs. It was also a bold decision taken by the Prime Minister in the national interest as against the sloth and lethargy that existed earlier on a matter as vital as national defence. As the first five Rafale fighter jets land in India on 29 July, the nation finally has one of the latest fighter jets which will greatly enhance the capability of the IAF, especially when all 36 jets are delivered.