This is not the place to dwell on the features of this law in detail. However, it is useful to quickly note a few things about the Act and its life. One, it was recognised for the first time that a diverse society such as the subcontinent could only work on the federal principle. It promised to bring into being a federation of India which was to include the areas under the direct British rule and the two-fifth of the country that was allowed to be run as ‘Princely States’ by a horde of small and big Nawabs, Maharajas and so on. However, since these states did not like to be ruled under a constitution, the promised could not come into being. Two, direct elections to state legislatures were introduced which enlarged the franchise from about seven million to some 35 million — propertied, salaried and/or educated — people. The elections of 1937 and 1946 that led to the Partition of the subcontinent were held under this very Act in which approximately 14 per cent privileged persons were allowed to vote — leaving out the remaining 86 per cent disenfranchised people who were never asked or allowed to express their opinion.
Third, the Act initially served as the constitution for the two new-born dominion states of India and Pakistan. India became a republic on January 26, 1950, two months after its constituent assembly adopted the Indian Constitution, drafted by a committee with the great Dalit ideologue and leader, and India’s first minister of law, Dr Bhimrao Ramji Ambedkar as its head. Pakistan, on the other hand, could get its first — and very short-lived — constitution in 1956, and the second one in 1973, with different Sipah-Salar-e-Azams one after the other (mis)ruling it and mutilating its constitution under martial law. It can be argued that the Islamic Republic chose to govern itself on the lines of a princely state, but about that some other time.
Let’s return to Manto’s story which must have been written some time in the later half of 1930s, i.e., after the ‘naya qanoon’ of 1935 came into force. The story, with Mangu Kochvan as its protagonist, is a patently sharp, incisive comment on the cold, inhuman processes of lawmaking and law-enforcing that have no respect or consideration for the lives of the common, marginalised, disenfranchised human beings. Written during the colonial era, the story by the great master of Urdu fiction seems no less relevant today. Mangu used to listen to the conversations of people who travelled in his tanga and tried to piece them together to make sense of the changing world around him, equipped with nothing more than a curious and impatient mind which had been denied the basic tool for understanding it: education.
I reproduce below — in italics — the portions of ‘Naya Qanoon’ that the great, respectable (and, no doubt, highly educated) minds manning the editorial committees dutifully serving the Sindh Textbook Board thought it necessary to delete from it texts, followed by my own comments as an attempt to understand the above-mentioned minds. I am using Khalid Hasan’s translation of the story, which appeared under the title “The New Constitution” in Kingdom’s End and Other Stories,” (Verso, 1987, pp. 83–92).
“One day he [Mangu] overheard a couple of his fares discussing yet another outbreak of communal violence between Hindus and Muslims.
“That evening when he returned to the adda, he looked perturbed. He sat down with his friends, took a long drag on the hookah, removed his khaki turban and said in a worried voice: “It is no doubt the result of a holy man’s curse that Hindus and Muslims keep slashing each other up every other day. I have heard it said by one of my elders that Akbar Badshah once showed disrespect to a saint, who cursed him in these words: ‘Get out of my sight! And, yes, your Hindustan will always be plagued by riots and disorder.’ And you can see for yourselves. Ever since the end of Akbar’s raj, what else has India known but riots!”
The entire second paragraph has been expunged. This is in line with the official policy to present the Hindu-Muslim riots in the erstwhile united India as a one-way affair and the Muslims as innocent victims and never as equal, or equally enthusiastic, partners in the game of riots.
Published in The Express Tribune, February 25th, 2012.
COMMENTS (10)
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@G. Din: I agree. You have brought out the subtle difference between cult and religion.
I think Islam turned from a religion to a cult with the failure of the Mu'tazili movement few centuries after its founding.
@P N Eswaran: to John B. "Such countries have no self correcting mechanism to reset social deficiencies and prejudices. P" You have hit on one essential difference (amongst a few others) that sets apart a cult from religion. Religions have self-correcting mechanisms; cults do not! In fact, cults are deliberately designed to have no such mechanisms and actively discourage them.
A very well written piece.
Pakistan could be a really wonderful country if only Pakistanis could get united to accept what is wrong with their society, not be shy of facing the truth and be determined to take corrective action.
@author Brilliant. I salute your courage and good judgment.
manto play an important role to give different aspect in Urdu literature and our text book should allow such a literature to promote our language and associated culture
the official censor of Manto notwithstanding at least it will introduce Manto to the young minds who can then read the great Manto on their own.
@John B: "Tomorrow your child will ask the same question to you, PAK"
I do not think this will come to pass in PAK. The Pakistani society is a jihadized society. There is no sense of universal human values but only Islamic values. I do not need to elaborate what the Islamic values are. They are there for you to see in all Islamic countries. Such countries have no self correcting mechanism to reset social deficiencies and prejudices. People in such countries continue to live with reality-deficient mind set for generations together. Even if an iota of social conscience, of what your child displayed, were to be present in the collective national conscience of Pakistan it would not be hurtling down the abyss as it is doing now.
@Author Keep telling us about Manto.I for one will never be tired of reading about Manto. Born and lived in India, lived and died in Pakistan,witnessed and experienced the greatest human tragedy of 19th century, but at the end left a legacy of humanitarianism of iconic proportion.Long live Manto,long live Toba Tek Singh,long live Mangu Kochvan.
Excellent
PAK is making the same mistake even today by enacting that only educated individuals are eligible for contesting elections, as the Govt of India Act of 1935. Universal franschise was the most celebrated function of Indian constitution at that time, while many in the west expressed doubt, let alone the Brits.
The sense of victim hood is essential for the idea of PAK and Bangladesh fiasco only reinforced that and "Hindu" India always came handy. One can see parallel rantings today that all ills of present day PAK is due to the US.
PAK has to bring forth honest history in class rooms and in public media via documentary films. I see such realization in segments of PAK society today and it is in the right direction. The silent majority who stand behind the side line have to make an effort.
The US moved on from the segregation society attitude very quickly by honestly acknowledging the ills of the society and children today ask their parents what were we doing when all this happened. Univ of Arkansas students hardly believe that their university was an epicenter of bigotry and the very students who were initially denied admission are now the faculty.
I still remember the disappointed face of my daughter when she asked if I went for A March in civil rights movements and when I replied in negative. I defended myself by saying that I was very young then but she replied I was a coward and inventing excuses. She was seven years old then.
Tomorrow your child will ask the same question to you, PAK.