Friday, July 15, 2022

The Constitutional Rise of The Secular Hindu Rashtra

India. One of the oldest extant civilizations on Earth. An emerging world power, the world's largest democracy, and soon to be the world's most populous nation. A beacon of pluralism, constitutional social justice, and "unity in diversity" for all of humanity. And yet, also the land now wrecked by rising extremism, reactionary violence, and insularity. A nation where radical Hindutva extremists often violate the human rights of some religious minorities. A nation whose elected Prime Minister once looked the other way when Hindu-Muslim riots killed many civilians in the state he ruled. How did India get here? Where does it go from here?


In a recent article, I analyzed what I saw as a great "identity crisis" in the USA and its fault lines from my vantage point as an objective external observer. Now I turn the spotlight to India's own "identity crisis." While I myself am Indian, over 80% of my adult life has now been in the USA, although I visit India once in a while. I have written many times before about the sociopolitical life of India, including the evolution of the Hindu religions, about the LGBTQ+ community in Hindu/Indian culture, the case for plebiscite in Jammu and Kashmir, and the case for statehood for Telangana. More recently, I have critiqued misguided liberal policies that I saw as fanning Hindutva nationalism, a personal memoir on salient similarities and differences between India and America, and another critique of (American) liberal policies buttressed with examples from India.

NB: I do not identify as a liberal nor a Hindutva nationalist, Marxist, socialist, capitalist, conservative, libertarian, Dravidian nationalist, sanghi, bhakt, libtard, sickular, raita, trad, or whatever other colorful socio-politico-economic labels people use. I prefer the label freethinker. To me nothing is beyond the reach of critical inquiry. Based on such inquiry, I am a huge supporter of the doctrine of universal human rights (e.g., see this ode I wrote) and of democratic constitutional rule of law rooted in logic, reason, civility, and kindness. I also reject kraterocracy and Social Darwinism as ultimately inimical to humanity.

Why bother writing this now? Indian society is mindbogglingly complex, with an ever-shifting landscape of divisions along numerous axes: caste, religion, language, culture, state, region, gender, economics, etc. Such a diverse societal fabric is naturally unruly and can be hard to fathom for many Indians, let alone non-Indians. Alas, that often leads some to simple-minded takes or even ludicrous hyperboles. Some recent examples I have read include claims that India's secular Constitution is allegedly under threat, that India is apparently becoming a "Hindu fascist" state, or that even a "genocide" is apparently imminent.

Such hyperboles, while profitable for clickbait media, not only fail to capture reality precisely--muddying clear-eyed policy opposition--but often morph into actual Hinduphobia and/or Indophobia, in turn strengthening the very Hindutva forces they abhor. In fact, I see a dangerously growing analogue of the Antisemitism often seen among liberals vis-a-vis Israel's issues. Of course, I am hardly the first to note how much of the hyperbole is likely just political tantrums of those who lost in free-and-fair elections or worse, how it distracts from genuine human rights concerns. In any case, as per this credible poll, even after 5-6 years of BJP/NDA rule, Indians of all religions reaffirm that religious tolerance is as strong as ever. So, what is with all the hullabaloo?


In my objective assessment, India is not turning "fascist" or "genocidal" or some such BS but witnessing a fully constitutional historic pivot to a hybrid form of secular governance combining three archetypes: European-style messy liberal democracy (which it was until recently), Chinese-style streamlined one-party regime (which it was for decades under INC rule), and Israel-style ethno-prioritized democracy (a new aspect). These are tectonic realignments in the constitutional democratic republic established in 1950. In this artice I will dive into some of the biggest fault lines powering this pivot, analyze the tussles, and offer my take on likely futures.

As brief background on technical terms, akin to the dominant ideological trichotomy in American democracy, viz., liberals vs. conservatives vs. libertarians, Indian democracy too has a dominant ideological trichotomy at the federal level but spread across many political parties: liberals (e.g., INC, AAP, and TMC) vs. Marxists (e.g., CPI and CPIM) vs. Hindutva nationalists (e.g., BJP and Shiv Sena). And akin to the comparatively less influential ideologies of White Supremacists and woke progressives in the USA, comparatively less influential (federal-level) ideologies exist in India too: Dravidian nationalists (e.g., DMK and ADMK), caste identitarians (e.g., SP and BSP), Hindutva extremists (e.g., Bajrang Dal), Islamists, and Maoists.


Fault Line 1: Cover-up of Indo-Islamic Crimes Against Humanity


As I have written before, for decades Marxist and Eurocentric ("Whitewashed") liberal historians covered up or callously minimized big historical truths on centuries of genocides, ethnic cleansing, and other crimes against humanity committed during the Islamic invasions of India and by Islamo-Supremacist Indian empires such as the Delhi Sultanate and the Mughal Empire. Key examples include mass enslavement/slaughter of Hindus, destruction of many Hindu/Buddhist/Jain temples and pillaging them for mosques, destruction of major universities and slaughter of intellectuals, and forcing Hindu women to mass ritual suicides to escape sex slavery. Of course, genocides and ethnic cleansing are ubiquitous in Islam's history: in Iran against Zoroastrians (and still against Bahais and LGBTQ+ people), in Egypt against Coptic Christians, and in erstwhile East Pakistan against Bengalis (both Hindus and liberal Muslims). Unsurprisingly, the Islamic State duly replayed these very crimes in just the last decade, e.g., destruction of Palmyra, forcing Yazidi women into sex slavery, and pursuing genocides.

Instead of carefully and honestly engaging with such tragic events in Indo-Islamic history, most liberals and Marxists choose "forgettance" (CCP-style) and/or denialism due to a delusion that it could "foster communal harmony." Their strategy has spectacularly backfired, only fanning more Hindutva nationalism. Big truths cannot be suppressed forever: truth eventually triumphs. Ironically, liberals/Marxists like to highlight covered-up truths of White-Supremacist crimes in American history, e.g., recognizing the California Genocide, or retelling US history via the lens of Black slavery. Likewise similar crimes by the British empire in India, e.g., Jallianwala Bagh massacre or the Bengal famine, are indeed discussed extensively. But hypocritically, liberals and Marxists invert their stance on similar Islamo-Supremacist crimes in Indian history. Two terms that capture this hypocritical inversion are the regressive left and Islamo-leftism. In my assessment, many Indian liberals and Marxists seem to be blind to their own internalized racism and/or Hinduphobia.

In reaction, Hindutva nationalists also seek to cover up many truths about Islam's full history in India. Credible historical research shows that destruction of Hindu temples was a common practice even in wars between Hindu kingdoms predating Islam (e.g., Shaivite vs. Vaishnavite vs. Buddhist). But sculptures of deities were mostly respected by Hindu kings, while Muslim kings destroyed them en masse. Furthermore, Islam did not arrive in India only via wars/conquests. In the south, Islam gained followers peacefully long before the violent invasions in the north. Many Indo-Islamic kings also sought to "Indianize" their rule with new philosophical practices (e.g., Akbar's Din-i-Ilahi), new cultural expressions (e.g., Rajput-Persian fusion in Mughal architecture or the evolution of Kathak, a classical Hindu dance form), and actually building some new Hindu temples. In my assessment, many Hindutva nationalists seem to be blind to their identity insecurities and resultant xenophobic attitudes toward syncretism in Indian culture.


Overall, in my view India is long overdue for an inclusive all-party "truth and reconciliation commission" to take stock of its full history in an unrelentingly honest manner, akin to efforts in South Africa. This includes de-Marxification of how Indian history is being taught but also without "saffronizing" it instead. Indian history is indeed replete with Anti-Hindu/Jain/Buddhist/Sikh crimes against humanity by extremist Muslims. But many instances of anti-Muslim violence by extremist Hindus/Sikhs, including under British rule and during the Partition of India, as well as prior conflicts among the Hindu religions, should not be ignored either. India must also learn carefully from how Europe's long history of Antisemitism and the Holocaust are taught in Germany and Israel. Liberals must end their ridiculous hyperbole that all Hindutva nationalists are "genocidal" against Muslims and reject Hinduphobia peddled by the far left. Hindutva nationalists must end their ridiculous hyperbole that all of Indo-Islamic history was the "dark ages" and reject Islamophobia.


Fault Line 2: Faux Secularism, Religious Minority Appeasement


As I have written before, the current Indian Constitution is, strictly speaking, not a genuinely secular one but one that endorsed questionable "appeasement" policies for minority religions and unfair government interference in some theistic Hindu religions. Curiously, Jainism, Buddhism, and Sikhism--3 of over 10 indigenous Hindu religions--are considered "minority" religions for most purposes even though the Constitution itself accurately notes that Jains, Buddhists, and Sikhs are "Hindus" too. In particular, unlike genuinely secular democracies such as France or the USA, India allows the practice of Sharia Law for Muslims to override secular constitutional rule of law. This has led to Muslim women and LGBTQ+ Muslims being routinely discriminated against by the Islamic cishet patriarchy peddled by unelected Muslim clergy. A particularly infamous example is the Shah Bano case, wherein an elected liberal government shamelessly threw an embattled divorced Muslim woman under the bus just to appease the Muslim clergy and the Islamists. Only in 2017 did the Supreme Court hold the medieval Islamic practice of "instant divorce" unconstitutional, even though it was long outlawed in many Muslim-majority nations themselves.

Such minority appeasement still continues in many forms. De jure polygamy is legal only for Muslim men, further marginalizing Muslim women, but illegal for all non-Muslims. Taxpayer money was flagrantly misused to subsidize Islamic Hajj; only recently was it ended, by the Hindutva nationalists. Taxpayer money is also used to fund some religious schools, e.g., Islamic madrassas, also a violation of secularism. Naturally, Hindutva nationalists (accurately) decry as "pseudo-secularism" such regressive religious practices and anti-secular provisions in the Constitution. They want to revoke such unfair special rights for minority religions to institute genuine secularism, the so-called Uniform Civil Code (UCC), as advised in the Constitution itself under the Directive Principles. Such unfiorm rule of law is the norm in most secular democracies worldwide. In fact, it is near-impossible for the Hindutva nationalists to change India's secularism in the Constitution beyond ushering in the UCC due to the Supreme Court's Basic Structure doctrine. But most Islamists, Marxists, and liberals (hypocritically) view the UCC as against their (specious) interpretation of "secularism."

Courts and/or governments still continue to interfere arbitrarily in the administration of theistic Hindu temples but seldom do so for mosques, churches, or even Sikh temples. An infamous recent example is the Supreme Court's embarassing flip-flop on the Sabarimala case. That temple's religious ethos is of a celibate male deity and they deny entry to reproductive-age females. But the court ruled 4-1 to order the temple to allow all women, violating their "essential religious practice" and sparking massive protests, including by many Hindu women. Tellingly, the sole female judge on the 5-judge bench was the sole dissenter who cautioned the court as lacking constitutional authority for such a verdict. The court backtracked later and referred the case to an epic 9-judge bench. Interestingly, a state High Court too recently used the "essential religious practice" test to uphold hijab bans in public schools that mandate uniforms, similar to hijab bans in staunchly secular France. Ultimately, the Supreme Court must settle one of the most difficult questions for any secular democracy: Where are the lines between Right to Equality, Right to Freedom of Religion, and Right to Freedom of Expression? This question has been perennially vexing for secular constitutional courts worldwide, including in the USA.


Overall, in my view there is a pressing need to amend the Constitution to usher in the UCC and ensure genuine secularism and right to equality for Indians of all religions and genders, including women and LGBTQ+ people. Just as Hindu practices of anti-Dalit untouchability and casetist discrimination were outlawed, Sharia Law and other religious laws should also be outlawed to uphold secular rule of law. While prudent government interference in religious affairs is sometimes necessary, it must be proportionate, fair, and rooted in genuine human rights concerns, not self-aggrandizing activist showmanship. I also think it is fair to enshrine in the Constitution a special recognition of India as the homeland of all of its indigenous Hindu religions without any special rights. A good example is the special recognition in secular Britain for the Anglican Church. A stronger example is Israel's recent amendment to recognize it especially as the homeland of Jews. After all, "Indian secularism" is rooted not in some Eurocentric liberal or shallow Marxist ideas but in the millennia-old Hindu ethos of intellectual pluralism, spiritual eclecticism, and religious tolerance, as I explained here. "Secular" and "Hindu" are not contradictory, unlike the Abrahamic religions. Besides, "Hindu Rashtra(m)" (in Hindi and Sanskrit) is literally a linguistic synonym of "Hindustan" (in Persian and Urdu; the term used by most Indian Muslims themselves!), "Al Hind" (in Arabic), "Indos" (in Greek), and "India" (in Latin and English), all of which mean "the land/nation of the Hindus," referring to basically the same age-old continuing civilizational entity known by the endonym Bharat(am).


Fault Line 3: Second Wave Decolonization


Many Hindus/Buddhists/Jains put the Middle Eastern/Central Asian Islamic cultures that invaded India (e.g., Afghan, Arab, Iranian, and Turkic) in the same equivalence class as European cultures that did so (e.g., British, Dutch, French, and Portuguese). Hindutva nationalists literally call Christianity, Islam, and Marxism as "the three foreign threats" and seek to "decolonize" India. This is akin to indigenous tribes in the USA and Canada seeking to decolonize their cultures from the influence of past Christian White-Supremacist American/Canadian regimes. Of course, unlike Native Americans or Canadian First Nations, whose populations have dwindled, Hindus remain the majority in India. Nevertheless, Hindutva nationalists view their decolonization to undo imposed Arabization/Persianization as a logical continuation of the trend of past liberal governments undoing imposed Anglicization. Liberals endorsed renaming some cities to their pre-British indigenous names, e.g., Madras to Chennai. Analogously, Hindutva nationalists are renaming some cities to their pre-Islamic indigenous names, e.g., Allahabad to Prayagraj, akin to Australia renaming Ayers Rock to Uluru or the USA renaming Mount McKinley to Denali.

More contentiously, Hindutva nationalists also seek to rectify what they see as the historical "injustice" of major Hindu/Buddhist/Jain temples being razed to erect mosques. This includes the threat of destroying such mosques illegally, like the Babri Mosque in Ayodhya. Of course, the Supreme Court held the Hindu groups' cultural claims of aboriginal "deity's land" valid and ordered that Muslims be offered land elsewhere for their mosque. That has led to a new rallying cry among Hindutva nationalists: "Ayodhya was just a trailer. Kashi and Mathura are next!" In particular, the Gyanvapi Mosque in Varanasi (aka Kashi) is now a hot button issue. Many Hindutva nationalists see the removal of such mosques as part to their demand for sociocultural "justice" because they see them as painful reminders of India's Islamo-Supremacist past. This is analogous to the removal of Confederate statues in the US South that many Blacks see as painful reminders of America's White-Supremacist past. But the Places of Worship Act of 1991 prohibits the government from changing religious structures as they were at independence (1947). Naturally, the applicability and even the very constitutionality of that law is being challenged in the courts. It remains to be seen how all this will pan out.


Overall, in my view it is fine for elected governments to decolonize names of cities, streets, etc. based on public support but they must not fan Islamophobic hatreds. As for mosques built on prior Hindu/Jain/etc. religious lands, instead of fanning violent riots, perhaps an archaeologically-grounded technocratic approach can help. Given the Supreme Court's Ayodhya precedent, if there is credible evidence that a mosque was erected on a prior religious temple/land, it can be relocated carefully without destroying it. After all, such centuries-old mosques are a key part of Indo-Islamic--and thus, Indian--culture and history. A good example is how Egypt relocated the Abu Simbel temple to avoid it being destroyed by the Aswan Dam waters.


Fault Line 4: Kashmir, Pakistan, and Kashmiri Pandit Hindus


I have written in depth before about the Kashmir dispute and why I support a careful multi-region plebiscite with many safeguards. I know I am an outlier because almost all Indians--liberals, Hindutva nationalists, or Marxists--consider the state of Jammu and Kashmir (J&K) an "integral part" of India. But Kashmir is now another fault line. Most liberals/Marxists support the decades-long autonomy of J&K under Article 370 of the Constitution. But the ruling Hindutva nationalists used a constitutional loophole to abrogate Article 370 and bifurcate J&K, making Ladakh a union territory (fulfiling a long-standing demand of its people) and reducing the rest of J&K to a union territory. The constitutionality of this change is now before the Supreme Court. It is hard to predict what they will say but given the open constitutional issues involved, I suspect they will defer to the elected federal legislature. So, what exactly is going on?

Many Hindutva nationalists still view the Partition of India based on Jinnah's Two-Nation Theory as a catastrophe for Indian civilization, akin to how many Palestinians/Arabs view the Nakba. Millions of civilians--Hindu, Sikh, and Muslim--were killed during the mass people exchange it entailed. All that exacerbated the Islamophobia of the Hindutva nationalists and underpins their visceral dislike of Pakistan. Some even dream of rebuilding "Akhand Bharat." This is at the root of their J&K policies: not losing more Indian land and as a rebuke to Pakistan. Many Hindus also see multi-religious J&K, with many Hindu religious sites such as Amarnath, as a natural part of secular India instead of Islamic Pakistan. Since the late 1980s, the rise of Pakistan-sponsored Kashmiri Islamist terrorist groups, e.g., Hizbul Mujahideen, JKLF, Laskhar-e-Toiba, and Jaish-e-Mohammed, has made the situation even more vexed and effectively intractable.

The Islamist terrorists, with some support among the Kashmiri Muslim public, committed a violent ethnic cleansing of Kashmiri Pandit Hindus. Many Kashmiri Hindus still live as internally-displaced refugees in India and demand a safe right to return. The recent controversial but popularly acclaimed movie, The Kashmir Files, portrays their hitherto muzzled tragic lived experiences in a powerful way. By "regularizing" J&K as an Indian union territory, the Hindutva nationalists aim to promulgate laws to help Kashmiri Hindus return safely and also increase Indian economic investment in J&K by allowing non-J&K corporates to buy land there, both of which were infeasible with Article 370. Many liberals, Marxists, and Kashmiri Muslims, however, fear that the Hindutva nationalists sneakily want to enforce demographic change in J&K by enabling more non-Muslim Indians to move to J&K, akin to what China did/does in Tibet.


Overall, in my view it is unlikely that the J&K dispute will be resolved in my liftetime. Simultaneous demilitarization of Kashmir by both Pakistan and India, a legal prerequisite for a plebiscite, is now basically delusional. Pakistan will likely remain stuck in a "cold war" with India. But I no longer see any viable path to self-determination for J&K. While Marxists and some Muslims may keep harping on about Article 370, I suspect most liberals will move on in due course, in part due to a fear of being branded "anti-national." I also doubt Kashmiri Hindu Pandits will ever find it safe to return until the strangehold of Islamism dissipates in both Kashmir and Pakistan. If/when that happens, perhaps India and Pakistan can converge on a creative solution with some sort of shared sovereignty, akin to Northern Ireland.


Fault Line 5: Demographics: Refugees, Illegal Migrants, and Conversions


A related fault line to the above is refugees and illegal migrants, especially from Pakistan and Bangladesh. Historically, India has offered refuge to minorities fleeing persection across southern Asia, e.g., Zoroastrians fleeing persecution in Islamic Iran, Buddhist Tibetans fleeing Chinese persecution, Tamils fleeing Sinhalese persecution in Sri Lanka, Bengalis (Hindus and some Muslims) fleeing West Pakistani/Islamist persecution in erstwhile East Pakistan (now Bangladesh), and many groups (including some Muslims) still fleeing Islamist persecution in AfPak/B'desh. But India is not a signatory to the UN refugee convention. Under the Constitution, policy on refugees, immigration, and naturalization is the sovereign prerogative of the elected federal government. So, the Hindutva nationalists recently promulgated the Citizenship Amendment Act (CAA) for non-Muslims from AfPak/B'desh who moved before 2014. Their Muslims were omitted because those nations have Islam as their state religion and non-Muslims routinely face both de jure and de facto persecution in AfPak/B'desh. Most liberals, Marxists, and Muslims oppose the CAA as anti-secular and it led to mass protests and even riots. The constitutionality of CAA is now before the Supreme Court. But as I explained here, in my read the CAA is likely constitutional, even if cruel. So, what is going on?

The root of this tussle is India's changing demographics. Hindu theists (excluding Sikhs, Jains, and Buddhists) are at about 79%; Muslims, at 15%. But based on current birth rates, the percentage of Muslims will rise and that of Hindus will drop. Illegal migration from Bangladesh is exacerbating this issue. Hindutva nationalists fear this is part of a "creeping Islamization" peddled by liberals and Marxists to aggrandize political power. In Assam however, most Assamese oppose all Bangladeshi migrants (Muslims and Hindus) due to fears Assamese culture will be drowned out.

Related to the CAA is the older National Register of Citizens (NRC). The NRC was actually ordered by the Supreme Court in relation to Assam. The government was asked to register legal citizens to identify and evict illegal migrants from Bangladesh, akin to the mess in the USA with illegal migrants from Latin America. The Hindutva nationalists then legislatively extended the NRC to the whole nation, leading to pushback from many states and most liberals/Marxists. But some impoverished Indian citizens may not have obtained or retained documents evidencing their citizenship. Many Muslims, Marxists, and liberals fear that with the joint power of CAA and NRC, the Hindutva nationalists sneakily plan to not only render Muslim illegal migrants stateless but also disenfranchise some actual citizens of India who are Muslims.


A related issue is that Christianity and Islam aggressively pursue proselytism, but the theistic Hindu religions do not. Many Hindutva nationalists also believe that financially "enticed" Christian proselytism (with foreign money) and so-called "love jihad" and "grooming jihad" by some Muslim men will further diminish the political power of Hindus. "Hindus are in danger of being replaced!" is their new rallying cry, akin to the Great Replacement Theory espoused by White nationalists in Europe and the USA. Even some Christians are worried about "love jihad." In reality though, while mass conversions to Christianity/Islam do occur, there is little evidence for a demographic conspiracy. Likewise, while some individual instances of rape-by-deception and/or coercive conversions do occur (curiously, even in Israel against Jewish women), there is little evidence for a deception/coercion conspiracy. Nevertheless, the Hindutva nationalists have legislatively restricted "freedom of religion" in that such conversions are made illegal, laws supported by many Hindus. Alongside all this, hate crimes by Hindutva extremists against Muslims and some Christian groups have gone up. And inter-religious marriage, already stigmatized by all religious groups--in fact, Muslims dislike it more than Hindus--is now riskier still.

Overall, in my view all this tussle over maybe 20 million illegal migrants in a nation of 1300 million is unseemly. The demographic "threat" is blown out of proportion by the Hindutva nationalists--except in the Northeast and maybe Bengal. But liberals downplay the concerns too much due to their Muslim votebank appeasement policies (see fault line 2), akin to the Hispanic/Latino votebank appeasement policies of the Democrats in the USA. It is reasonable to not offer blanket amnesty to all illegal Muslim migrants from AfPak/B'desh, at least until those nations become officially secular and ensure equality for all religions in their constitutions. It is also reasonable to not offer Pak/B'desh Muslims in particular equal treatment to other nationals in India's refugee policies because the very basis of Pak/B'desh was as an apartheid-style "separate homeland" for Muslims of the erstwhile British Raj. That said, as I noted here, it is inhumane to repatriate Ahmadiyyas, LGBTQ+ Muslims, ex-Muslim atheists/"apostates," and maybe also Shias to AfPak/B'desh because they too are persecuted on the basis of religion in those nations. Likewise, repatriating all Rohingya Muslims to Myanmar is inhumane; instead, a resettling deal can be made with Bangladesh. While vigilance is fine over the asymmetry of non-proselytizing Hindu religions vs. predatory proselytism of some Christian/Islamic groups, it must not become prejudice. Hate crimes must be prevented with better domestic intelligence and policing. The judiciary must be beefed up to ensure timely justice for hate crime victims/survivors. Liberals must also stop living in denial over illegal migrants and the demographic concerns. Tackling illegal migration and strong border control are rational pursuits for any nation. And religio-capitalist proselytism, like any other business, must be regulated prudently to prevent abuse of secularism.



Fault Line 5: Systemic Casteism, Quota System, and Votebank Politics


Indian society is heavily shaped by the millennia-old caste system that has its roots in the ancient polytheistic Hindu religion of Vedic Brahminism. It is akin to the socio-professional stratas that exist(ed) in most large societies, e.g., feudalism in Europe, Edo Japan, or even systemic racism in the USA. While the atheistic Hindu religions (e.g., Jainism and Buddhism) and later theistic ones (e.g., Shaivism, Advaita Vedantism, and Sikhism) de-emphasized or even rejected casteism, the system got entrenched by a complex mix of political, economic, and sociocultural factors. While casteism has been reducing in many urban areas, illegal discrimination and hate crimes still happen often, especially in rural areas. The most common targets of such crimes are Dalits, formerly called the "untouchables," other "outcastes" such as tribes, and some so-called "lower" castes. Dalits face discrimination by casteist extremists among not just so-called "upper" castes but also "middle" castes and even "lower" castes. Curiously, casteism is common even among Indian Christians, Muslims, and Sikhs, especially against converts who are Dalits, other so-called lower castes, or tribes. Ironically, many such people converted religions hoping to escape precisely such prejudice. So, casteism is not just a Hindu issue.

The Constitution at inception (in 1950) boldly outlawed casteist discrimination and anti-Dalit untouchability. But one of its most pathbreaking social justice features is how it enshrined "positive discrimination" affirmative action for (Hindu) Dalits ("Scheduled" Castes, or SCs) and "Scheduled" Tribes, or STs, with an extensive quota system in education, jobs, and government. This was in part due to the influential legal scholar and lead architect of the Constitution, Dr. Ambedkar, being a Dalit himself. A loose analogy is the US constitution being (re)written by a Black descendent of slavery and enshrining quotas for Blacks and indigenous tribes. While noble in its original goals, as with most things in India, the quota system became yet another huge political fault line due to votebank politics.

Caste-arithmetic calculations and electoral "social engineering" to stitch together enough votebanks to win elections is a pervasive practice among most liberal parties. In particular, in the early 1990s a liberal government expanded the quota system to several lower and middle castes, collectively enumerated as "Other Backward Classes" (OBCs). Many upper castes were angered by what they see a "reverse discrimination" and government trampling on both the human right to equality and "meritocracy," akin to how most Whites (and ironically even liberals) in the USA disagree with racial quotas. Anger over quota politics is one of the key reasons for the rise of the Hindutva nationalists, who slowly consolidated their own caste alliances among the upper and middle castes to rival the caste alliances of the liberals and Marxists. Eventually, the Supreme Court ordered that rich people among OBCs must be barred from quotas, the so-called "creamy layer." That criterion was later expanded to rich people among SCs and STs too.


But the real genius of the current governing Hindutva nationalists lies in two "social engineering" moves they pulled off. First, they promised and delivered on a new quota for poor upper castes, consolidating their votes among those groups and defusing much of their criticism of the expanded quota system. Second, they apportioned internal political power among not just upper castes but also to OBCs (e.g., Narendra Modi himself is from OBC), Dalits, and tribes, gaining voteshare among those groups. Effectively, the BJP has accomplished a historic caste realignment among Hindus in the last decade, routing all caste-obsessed liberal parties, e.g., their arch-rival INC and the Dalit leader Mayawati. An American analogy would be the Republicans consolidating not just most White Christians but also Black Christians. Imagine how that would rout the Democrats--that is abyss Indian liberals are in now, in large part due to their caste obsession.

Overall, in my view the Hindutva nationalists are just having their day in the sun. But no alliance has eternal power in India's democracy. Even the mighty Indira Gandhi bit the dust once. The BJP has been clever enough to avoid that fate so far. If liberals, Marxists, and their media chums keep lazily perpetuating Hinduphobia crying "Hindu fascism," "upper caste hegemony," etc., they will only strengthen the Hindutva nationalists. But if they improve their political and constitutional acumen, they will be able to recapture power. I also think the caste-based quota system must be carefully phased out in a tiered way later this century by first prioritizing first-generation applicants and ultimately replacing it with geo-economic criteria. A once-noble idea to rectify the harms of casteism has degenerated into a tool of shameless votebank politics by all parties to perpetuate caste identitarianism and divisions. This is partly why even most Blacks in the USA do not want racial quotas. Instead of just college or job quotas, a lot more investment is needed in K-12 schools in neighborhoods with many lower castes, Dalits, tribes, and poor people of all stripes, including other Hindus, Muslims, Christians, etc. All this is easier said than done because votebank politics is a vexing local optimum for democracies to escape from.


Fault Line 6: Economics, Corruption, and Liberal Leadership Vacuum


Like every other nation, India is not immune to the cliche "It's the economy, stupid!" Half a century of failed Nehruvian socialist policies peddled by the liberals and Marxists created a largely unproductive and unprofitable ecosystem of government-owned corporations and a bloated welfare state with no sustainable mechanisms to bankroll them. It also led to a pervasive culture of crony Socialism, "license raj" that stifled the private sector, nepotism and corruption, lazy reliance on Big Government handouts, and a general lack of innovativeness in the economy. In part due to the fervor of (first wave) decolonization against Western European imperialism, India also bet on the wrong horse in the Cold War by being more chummy with the USSR instead of the USA, although its official policy was non-alignment. Living in denial over the reality of how competition and producer-consumer economics work at a global scale ultimately brought India to a humiliating near-insolvency in 1991. Since then, India has been slowly adopting more Capitalism to raise prosperity--and hopefully avoid going broke again.

Ironically, it was the liberals under the economic leadership of Dr. Manmohan Singh who ushered in market reforms and privatization. But liberal parties turned a blind eye to obscene corruption in part due to their dynasty-obsession, lack of meritocratic inner-party democracy, and the compulsions of a coalition government. The obsession with casteist and Muslim votebank appeasement also compounded their woes (see fault line 2 and 5). It all came to a head in 2011, with the mass non-violent protest movement India Against Corruption led by the Gandhi-esque Anna Hazare. In contrast to the dysfunction and crony Socialism of the INC, the BJP offered streamlined, stable, and less corrupt governance along with more prudent capitalist policies. Naturally, most of the mega-rich industrialists started to realign themselves with the BJP, e.g., Ambani and Adani.


The Hindutva nationalists, akin to nationalist conservatives in the USA and UK, are naturally more inclined to Capitalism and privatization. But unlike the Republicans, who seem blind to the dangers of runaway Capitalism, the BJP is more clever in navigating welfare state policies for the poor, as well as environmental and climate change-related issues. The BJP also wants to evolve India from a largely cash-based economy to a digital one, a key reason for the recent controversial "demonetization" drive, although it was cunningly not advertised as such to avoid public inertia. They also quietly seek to move people away from pervasive under-employment in agriculture to manufacturing, exports, and service industries. This was a key reason for their recent reforms on farm produce sales, but they were rushed without grassroots democratic consultations. Naturally, it led to massive pushback from some Punjab-Haryana farmer groups who are cozier with Socialism. Eventually, the BJP backtracked on the laws, denting their credibility. But I suspect they will retry such reforms in the future.

Overall, in my view the BJP has capitalized on India's evolution away from Big Government Socialism to American-style Capitalism, while retaining prudent government investment in education, healthcare, and the welfare state for the poor. In light of all these socio-economic tussles, Marxists have become near-totally irrelevant, while most liberal parties, including the INC, still flounder with weak leadership. The only liberal party I see gauging these tectonic realignments somewhat accurately is the AAP. It remains to be seen how all this will pan out, but I suspect the BJP will win again in 2024 in part due to their pro-Capitalism policies and their decisive leadership.


Concluding Remarks


The visionary architect of modern China, Deng Xiaoping famously said: "It doesn't matter whether a cat is white or black, as long as it catches mice." The largest subset of Indian voters believe the best mice-catching cat now happens to be the Hindutva nationalists. India is not becoming some "fascist" state or de jure one-party state like China but rather it is returning to Indira Gandhi-era style "one dominant-party democracy." Ever since her assassination, many Indians craved for political stability with decisive leadership, indigenous roots, "patriotic" focus, international stature, as well as economic growth. The fast-growing young population also desires more prosperity, necessitating a more innovative private sector, growing the digital economy and technology industry, other service sectors, more manufacturing, and a move away from low-paying agriculture jobs. Many voters believe the BJP is best positioned to deliver all this, not the liberals. The new prominence of their Hindutva ideology is a side effect, but it is being reinforced by the many hypocrisies of liberals and Marxists as I explained above.

Nevertheless, as Indira Gandhi's own trajectory shows, the political weather always keeps changing in the world's most complex democracy. The Hindutva nationalists know fully well they need to rein in their Islamophobic extremist fringes, lest they lose the trust of the voters. But there is no pathway for anyone to sieze absolute power illegally and no dictator will be able to hold on to power for long in the land of "a million mutinies." The Republic of India is not some rickety Weimar Republic reeling from the humiliation of a war they lost. The constitutional democratic republic established in 1950 remains strong, with a powerful independent Supreme Court, a nonpartisan Election Commission, a vibrant (and raucous) democratic ethos, and one of the largest armed forces in the world that is scrupulously apolitical and sworn to uphold the Constitution. The big question for Indian liberals is: Are they capable of looking in the mirror, eschewing their self-defeating hypocrisies, and winning back the trust of Indian voters?

Sunday, June 26, 2022

The Great American Identity Crisis

America. The land of opportunity. The land of bleeding edge science, technology, and medicine. A melting pot of the "world's leading minds" creating humanity's future. The world's sole superpower that won the Cold War. The brightest beacon of liberty, prosperity, and innovation the world has ever seen. And yet, also the land that now teeters dangerously on the verge of a societal implosion, wrecked by political polarization, rising extremism, and insularity. A nation where a radical Christian cishet patriarchy seeks to void many human rights of women and LGBTQ+ people. A nation whose elected President incited an unprecedented violent mob attack on the elected Congress. How did America get here? Where does it go from here?


In this article, I analyze the very identity of the USA and its deepest fault lines today. I do so from my objective vantage point of an external observer: an Indian who came here for higher education 13 years ago and who stayed here to start my academic career 6 years ago. I did not even bother applying to other nations. It is in the USA that I came out of the closet, fell in love, got my PhD, got married, and got tenured. My husband is an American who once told me of his long-term desire of leaving the USA for safer shores, worried about its seemingly downward spiral. I said no. Why? To quote one of my favorite characters, Professor X: "Just because someone stumbles and loses their way, it does not mean they are lost forever." My confidence is not blind, however, and it was tested once, on January 6, 2021. As if by cosmic irony, I received my permanent resident card just hours later that same day.

I do not identify as a liberal, nor a conservative, libertarian, capitalist, socialist, fascist, Nazi, Commie, or whatever other socio-politico-economic labels people use. I prefer the label freethinker. To me nothing is beyond the reach of critical inquiry. Based on such inquiry, I am a huge supporter of the doctrine of universal human rights (e.g., see this ode I wrote) and of democratic constitutional rule of law rooted in logic, reason, civility, and kindness. I also reject kraterocracy and Social Darwinism as ultimately inimical to humanity.

This is my fourth article on America's sociopolitical life. The first (2019) is a critique of misguided liberal policies on identity that I saw as fanning White nationalism in the USA. The second (2021) is a personal memoir on salient similarities and differences between India and America, my two homes. The third (2021) is another critique of hypocrisies in liberal (and conservative) policies that I see as exacerbating America's downward spiral. I recommend reading all three of those articles if you are interested. I also recommend this incisive critique of the four dominant "political tribes" of America today: the "free," the "smart," the "real," and the "just."


The Roots of American Identity


Let me start with a brief history lesson, facts about the roots of the identity of the USA. I will then weave a thread through this past, the present, and possible futures.

Fact 1:
The USA has the world's oldest active Constitution, which offers its people a list of "rights" that its government cannot (easily) trample upon. It is fair to say the USA has set the benchmark for constitutional rule of law for self-governing peoples. Indeed, many other nations, including India, learned a lot from America's Constitution and its experiences--not just adopting its positives but also avoiding its negatives.

Fact 2:
The USA was not a democracy at inception (nor for decades after) but what is more accurately labeled an oligarchy. The war that overthrew British rule bequeathed de jure political power to primarily rich land-owning cishet White men. But the USA was born out of not just a war won by White men but also the toil of enslaved Black Africans, ethnic cleansing/genocides of indigenous peoples (and mass deaths due to foreign diseases), and denial of de jure equality to women.

All that set tone for the long history of systemic racism and systemic misogyny in the USA, whose dismantling started in earnest only in 1964 with the Civil Rights Act. Contrast this with, say, India's Constitution that at inception (in 1950) outlawed millennia-old systemic casteism and anti-Dalit untouchability, instituted strong affirmative action for Dalits, other so-called lower castes, and tribes, and offered de jure equality to women. Of course, de facto equality is still an uphill struggle in both nations.

Fact 3:
The USA is not a top-down republic. A cluster of British colonies came together to voluntarily give up some sovereignty and invest in a made-up umbrella identity named "The United *States* of America." So, it is a bottom-up republic forged by "state-ocracy." Federalism pervades its Constitution. Contrast this with, say, the French Republic, the archetypal unitary state. Or the Republic of India, a top-down republic that adopted a more prudent "federalism with a unitary bias."

Fact 4:
The American Civil War, which almost bifurcated the young nation, was caused mainly by the pushback of so-called "slave states" of the South to the abolition of slavery by the federal government. They banded together to form a separatist nation--The Confederate States of America--that was defeated and re-assimilated by the Union. This set the tone for the so-called "states' rights" movement that still wields enormous influence in the USA. But that term is also seen as loaded in the sense that it is sometimes used as a cover for systemic racism in some states with plausible deniability.

Fact 5:
America's national identity is not (yet) a sociocultural "nation state" but one of "civic nationalism" rooted in its written Constitution. The land and the peoples now called the USA never had a unified government until the current Constitution. So, America's identity is more like Canada, New Zealand, Australia, and (to a lower extent) South Africa, rather than, say, Greece, Egypt, India, or China, whose national identities were shaped by long unifying civilizational arcs.

America's founding ethnoracial groups--Britons, enslaved Black Africans, and indigenous tribes--are from different continents with disjoint heritages. Due to territorial expansion via wars and purchases, as well as its status as a magnet for both immigrants and refugees seeking liberty and/or prosperity, the USA started to become a "melting pot." Some of the largest waves included Britons, Germans, Irish, Italians, Ashkenazi Jews, Poles, Russians, Canadians, Mexicans, Cubans, Chinese, Filipinos, Koreans, Vietnamese, Indians, and Iranians.

Although the term "hyphenated American" is often used to shame people into conforming to an imagined unified identity, many groups proudly maintain their ancestral cultural heritage. Many indigenous tribes still track ancestry by "blood quantum" as part of their ethos of tribal "sovereignty" and resistance to colonization. While many European Americans blended themselves into a made-up all-purpose "White" identity, many Germans, Irish, Italians, and Ashkenazi Jews still maintain a distinct sub-White cultural identity. Most Black Africans, however, were sadly stripped of their ancestral cultural heritage by the dehumanizing genericization of enslavement.

Fact 6:
The USA is constitutionally secular. The government cannot (easily) espouse an official religion nor can it (easily) discriminate on the basis of religion, or lack thereof. Its interpretation as "freedom of religion" is a key part of America's promise of liberty to groups who fled religious persecution elsewhere, especially some Protestant groups, some Catholic groups, and many Jewish groups from Europe.

Fact 7:
The USA was heavily shaped by Capitalism, economic globalization, and prudent use of some Socialist ideas. The free market, reined in with careful regulations on competition, labor, and environment, as well as strategic government investment in research (e.g., NSF, NIH, and DARPA) and key sectors (e.g., defense and ICT) helped make the USA the world's richest nation, its top innovation hub, a military superpower, and the home of many of the world's largest and most successful corporations.

With the above historical background in mind, let us now dive deeper into what I see as the "Great American Identity Crisis." Others have analyzed this situation too, e.g., this article calls it a "Great Divergence." I think "divergence" is misleading because it implies there was one unified identity to diverge from (there never was). Some also worry about a new civil war--I think that is mostly hyperbole. In my assessment, the USA is undergoing tectonic realignments in its identity. Let us now dive into the most prominent fault lines driving this national identity crisis. (Interestingly, India too is undergoing a similar national identity crisis; perhaps I will write about it another day.)

I see 7 major fault lines: demographics, equality and secularism, separation of powers, democratic structure, economics, guns, and freedom of speech.


Fault Line 1: Demographics (Immigration, Ethnoracial Diversity, Racism)


This is perhaps the biggest and fastest growing fault line (re-read fact 5 above). Most liberals love to label the USA a "nation of immigrants" given its history. Most conservatives, however, consider that label a relic of the past and want to put "America First" now. Libertarians seem split on immigration, with some emphasizing high-skilled immigration to benefit the US economy and others favoring low-skilled immigration too. A term from White nationalist discourse that is now mainstream is the "Great Replacement Theory." Its claim is that non-White immigrants, especially illegal migrants, are being used to diminish the political power of Whites. It was most memorably articulated by White nationalists and neo-Nazis at their Charlottesville rally: "You will not replace us. Jews will not replace us." What exactly is going on?

The crux of this fault line is the reality of changing demographics in the USA. Hispanics/Latinos and Asian Americans are the fastest growing ethnoracial groups, the former by absolute numbers, the latter by percentages. Non-Hispanic Whites are reducing in percentage due to multiple causes, including lower fertility rates, migration from Europe drying up, and migration from Latin America staying high. But many White nationalists believe it is due to a sinister conspiracy by the "globalist" Jewry and liberal politicians to aggrandize perpetual political power. In my assessment, the accusation against Jews is plain old European-style Antisemitism but that against liberal politicians is not entirely unfounded. As I have said before here and here, most American liberals seem bizarrely blind to how their imprudent votebank politics on illegal migration from Latin America is fanning White nationalism. Instead of the extremes of full citizenship or full deportation, perhaps a middle way with a new class of taxable permanent residency can resolve this impasse, akin to how Persian Gulf nations handle expatriate workers from South/Southeast Asia.

A related issue is America's continuing struggle with racism. The brazen murder of an unarmed Black man, George Floyd, by a White cop on camera shook the nation at a level comparable only to 9/11 perhaps in recent memory. It reinvigorated the Black Lives Matter movement, helping raise awareness of anti-Black racism present not just in the USA, Canada, or Europe but also in Latin America, North Africa, Middle East, and Asia. Naturally, pushback from the American rightwing is also growing, e.g., see the recent bans on Critical Race Theory and some far left agendas to brand "Whiteness" and American institutions as "inherently" racist instead of evolving.

Another major demographic fault line is how Asian Americans and Whites (including Ashkenazi Jews) are "disadvantaged" by affirmative action in parts of US academia to rectify historical exclusion/marginalization of Blacks, indigenous peoples, and Hispanics/Latinos, e.g., see the Harvard case. Asian Americans are increasingly divided on this issue, e.g., support for affirmative action among Chinese Americans dropped to just over half, while Indian Americans, the richest ethnic group in the USA by median household income, remain curiously highly supportive. Hispanics/Latinos are also divided, e.g., see the embarrassing failure of Proposition 16 in Hispanic/Latino-dominated counties of California despite the behemoth University of California System and many civil rights groups (ACLU, ADL, NAACP, etc.) endorsing it. Anyway, all these tussles may become moot soon because I suspect this Supreme Court will hold all non-economic affirmative action unconstitutional using the Fourteenth Amendment.

It remains to be seen how all this will pan out. But I suspect White nationalism and neo-Nazi hate crimes will keep growing. A bigger picture I see is that a pernicious disease of democracies that wreaked havoc in India, votebank politics, has now sadly taken root in the USA too, among both liberals and conservatives. Both the big parties now seem to prefer appeasing their own votebanks to just win the next election rather than a more prudent rule of law in the nation's long-term interest.


Fault Line 2: Equality and Secularism (Freedom of/from Religion, Women and LGBTQ+ People)


This is tied for the biggest fault line. The Supreme Court recently threw out half a century of precedent of Roe v. Wade and pushed the legality of abortion down to the states (also see fault line 3 below). Many believe this is part of a creeping Christianization that violates the founding constitutional principle of secularism. It spurred worldwide condemnation of the USA, including by the UN and many American allies. Again, what exactly is going on?

There is no consensus in jurisprudence on what "secularism" means. France and India exemplify two alternatives; the former views it as rigid separation of religions from government affairs, while the latter views it as equal respect for all religions. American secularism swings between the two, often causing confusion. The USA prides itself as a refuge for groups who fled religious persecution (see fact 6 above). This narrative was reinforced by Cold War-era rivalry with the USSR, where Commies suppressed religions. So, conservatives love to emphasize freedom "of" religion to allow religious groups to practice their religious edicts without being trampled by government. But the USA was also a key architect of the Universal Declaration of Human Rights. So, liberals love to emphasize freedom "from" religion and want government to ensure human rights for all Americans even if it means trampling on some religious edicts. This dichotomy has led to bizarre flip-flops and some ongoing tussles.

The Christian Bible was the theological basis to rationalize enslavement of Black Africans (Capitalism was the economic basis), continuing what Arabs/Muslims, Romans, and others did for centuries before. After the Civil War, the Fourteenth Amendment accorded "equal" rights to Blacks (see fact 4 above). Alas, the doctrine of "separate but equal" upheld by the Supreme Court meant state-imposed racist segregation and terrorism by KKK and other White Christian supremacist groups kept Blacks oppressed for another century. Yet, Blacks are ironically the most devoutly Christian ethnoracial group in the USA. MLK Jr. himself was a Christian reverend and many Christian priests, including Whites, were a part of the Black civil rights movement. Overall, Christianity clevely pivoted itself from supporting racism to opposing it.

A similar situation is unfolding for women and LGBTQ+ people. Many Christian groups peddle cishet patriarchy: a (cishet) woman must "submit" as a wife to her (cishet) husband, while LGBTQ+ people are branded as deviant sinners. Many conservatives agree with such views, while most liberals and libertarians oppose them as unconstitutional discrimination. Nevertheless, the right to equality of both women and LGBTQ+ people has been gaining recognition. The Supreme Court narrowly held same-sex marriage constitutional in 2015. Then in 2020 it interpreted federal non-discrimination protection in employment to apply to LGBTQ+ people too, even with a conservative majority. But of course, there are no guarantees such verdicts cannot be reversed, as I noted in this interview a couple of years ago.

Conservatives did succeed in blocking the ERA and rolling back abortion access. But surprisingly, as per this credible poll, a third of American women themselves support strong abortion bans; and Hispanics, one of the ethnoracial groups most likely to seek abortion care, are also the most likely to support such bans. Many also oppose abortion not due to Christian dogma but due to a supposed human right to life of the fetus, thus seeing abortion as a form of murder. All this has made this issue more vexed than a cut-and-dried question of women's human rights even though such bans will lead to more women dying trying to get abortions anyway. Contrast all this with Ireland, which legalized reasonable abortion in a landslide referendum after the tragic case of Savita Halappanavar jolted the nation into rejecting the dogma of the powerful Roman Catholic Church. All that said, perhaps more investment in assistive reproductive technologies such as artificial wombs and fetal offloading can help resolve this impasse on abortion.

Finally, right to equality for trans people is another growing fault line. While transphobia is pervasive among conservatives, liberals themselves are still divided on how to balance the rights of cis-women with those of trans-women, intersex people, nonbinary people, etc. For instance, see this recent thoughtful decision on trans people in sports. This issue divides not only allies in the shared struggle against the stranglehold of the cishet patriarchy, viz., cishet women and LGBTQ+ people, but also lesbians and/or cisgender folks within the LGBTQ+ community itself. Alas, quarrels between trans-exclusionary radical feminists and cis-misogynistic trans radicals continue to distract from nuanced discussions on equality and fairness.


Fault Line 3: Separation of Powers (Federalism, Judiciary)


One of the most under-appreciated but extremely influential organizations that has, and continues to, reshape America is The Federalist Society. Working patiently over four decades, they have succeeded in placing a super majority of justices (6 of 9) on the Supreme Court to advance their "textualist" and "originalist" interpretations of the Constitution. The ongoing conservative + libertarian "constitutional revolution" mirrors the liberal revolution of the Warren Court many decades ago. This new revolution re-emphasizes two principles: (1) Federalism (duh), rebalancing states' power vs. federal power; and (2) Non-activist Judiciary, deferring contentious ambiguities in laws to elected legislators instead of unelected judges. Both principles are deep-rooted in the US Constitution (see facts 3 and 4 above). This is how the Supreme Court majority is able to void federal guarantees on some rights and push them down to the states.

However, claims of "originalism" are often specious because going by a strict originalist interpretation of the US Constitution, women can be disenfranchised and Blacks can be re-segregated. But I doubt most conservatives want that. Runaway federalism will also exacerbate inter-state tussles because its logical conclusion is a "Disunited" States of America, a patchwork of contradictory state-level rights that, if left unchecked, can become grounds for a new civil war. Suppose an abortion-illegal state decides to charge with "murder" a woman who gets an abortion. If such a woman flees to an abortion-legal state to get an abortion, should she be extradited for "murder" or is she an internally displaced "refugee" fleeing political persecution?

All that said, I am bemused by how many Americans have a delusion that the Supreme Court is "apolitical" despite the justices being handpicked by politicians with vested agendas and vetted by more politicians! Contrast this with, say, India's Supreme Court, where judges are not picked by politicians but by a more technocratic process within the judge profession (although it has issues too). The American rightwing understands this well and used it to grow their political power on the Supreme Court. Their constitutional acumen, longterm thinking, and patience is praiseworthy. In contrast, liberals still flounder without a focused analogue of the Federalist Society. Throwing tantrums over losing when the rules of the game were clear is not a strategy. Perhaps liberals will learn valuable lessons from these recent failures and redouble their efforts in every state, not just at the federal level. Of course, that is easier said than done due to the next fault line.


Fault Line 4: Democratic Structure (Non-Linear System, Voting)


The USA evolved into a quasi-democracy over two centuries. It has a highly non-linear collection of step functions that often fails the most basic definition of democracy, viz., rule by majority will. Two key forms of non-linearity are: (1) Electoral College for presidential elections; and (2) First-past-the-post at the district level. The first one is an oddity that has led to consequential anti-democratic outcomes, viz., Bush v. Gore in 2000 and Trump v. Clinton in 2016. But it is deep-rooted in America's Constitution (see facts 3 and 4 above again). The second one is actually common in many democracies. But as with the Supreme Court, districting in the USA is also a political game controlled by state politicians, again due to federalism in its constitutional history. This has led to obscene gerrymandering directly undermining democracy, mainly by conservatives but also by liberals. Contrast this with, say, districting in India being handled by more technocratic federal constitutional bodies, the Election Commission and the Delimitation Commission.

Voting is also a huge pain in parts of the USA. I have seen news reports of voters being forced to wait in line for hours! I have voted only once in my life--in the Indian General Election, the largest election run by humanity, back in 2009. My polling booth was 15min from home and it took me 5min to stand in line, show my voter ID card, and cast my vote. No fuss, no muss. So, I am flabbergasted that a much richer nation with 4x smaller population is still yet to get even basic operations of a democracy right. For instance, assigning polling booths, uniform voter ID, and updating voter lists--mundane matters in most democracies--are juicy fodder for political blame games by both Republicans and Democrats. The former imagine widespread voter "fraud" instead of mitigating unfair obstacles to voting. The latter imagine widespread "racist" voter suppression when most obstacles are causally economic, not racial (although some are highly correlated with race, lending plausible deniability). Alas, common sense to simultaneously ensure fair technocratic districting, election integrity, and ease of voting for all does not seem to fly.


Fault Line 5: Economics (Capitalism, Welfare State, Taxation)


There is an almost religious reverence for Capitalism in the USA. Private asset ownership, minimal regulatory burdens, ease of hiring/firing, affordable capital, vibrant stock markets, and free market competition all certainly helped spur the massive prosperity and innovation we see in the USA today. American-style Capitalism has also helped raise prosperity in Europe, Japan, and South Korea. Cold War-era rivalry with murderous Commies in the USSR also fed a narrative of the USA as a defender of "freedom" being (falsely) conflated with a defense of Capitalism. Of course, Socialism did fail miserably in the USSR, Eastern Europe, India, and many other developing nations. No wonder then that the American rightwing likes to tout "government is the problem" and prefers "trickle down economics" emphasizing private enterprise over government investment.

In reality though, government investment and Socialism too have also played a huge positive role in the USA: repeated bailouts of both common people and corporations in many recessions, social safety nets (SSA, Medicare, Medicaid, etc.), huge subsidies to many unprofitable agriculture sectors, public schools and universities with social good missions, federal research funding agencies (see fact 7 above), etc. Not to mention the famous military-industrial-Congress complex. Of course, none of this comes for free: taxation is the fuel of government.

Naturally, taxation remains a huge fault line. In particular, raising taxes on rich individuals, large corporate profits, and capital gains are hot button issues. Tensions also remain over widening income inequality, minimum wage and labor rights, cost of college education, cost of healthcare, environmental degradation, human-caused climate change, and corporations "capturing" politicians with basically legalized bribery. All that said, I find that large sections of American voters themselves dither often on such complex economic issues. So, it is common for "blue" states to elect "red" governors and vice versa. I think such cross-pollination of ideas from across the politico-economic spectrum is beneficial in the long run. But vigilance is crucial for all sides because there is such a thing as throwing the baby out with the bathwater.


Fault Line 6: Guns


As with Capitalism, there is also an almost religious reverence for guns among most conservatives and libertarians in the USA. The Second Amendment offers individuals the right to "keep and bear arms" but also requires it to be "well-regulated." But differences in interpretation of the vague terms "arms" and "well-regulated" makes this another arena for repeated political tussles between the left and the right. This has led to a situation where mass shootings of Jews, Blacks, and other minority groups by White Christian supremacist or neo-Nazi terrorists and even slaughters of school children by armed gunmen are routinely rationalized.

Most liberals posit that US society will become safer by reducing gun ownership among civilians, as evidenced by the trajectories of other developed nations such as the UK and Australia. But given the USA's unique history of wars between colonial settlers and indigenous tribes, the Civil War, etc., as well as hangover from America's role in defeating actual government tyranny by Nazis in Germany and Commies in the USSR, many on the right are too distrustful of government--and their own compatriots--to give up guns. Of course, the vast majority of gun owners do not engage in unlawful violence. Many White nationalists also believe in a conspiracy theory that a federal "deep state" will one day seek to disempower Whites in favor of Blacks steered by the "globalist" Jewry in a second race-focused civil war called the "boogaloo." All this combined with the power of lobbies such as the NRA, votebank politics, and social media bubbles (also see fault line 7) means that even common sense regulations on gun control are hard to promulgate.

I also find it ironical how many Supreme Court justices contradict their own claimed originalism and textualism on the question of gun control. Going by originalism, only the "arms" that existed back when the Second Amendment was created are automatically permissible, not modern military-style weapons. Extrapolating, suppose pocket-sized tactical nukes get invented tomorrow--should all civilians be allowed to possess those "arms" too? Going by textualism, "well-regulated" gives elected legislators the power to regulate guns to ensure public safety, not diktats from unelected judges. Ultimately, I think US legislators must re-amend the Second Amendment to be more precise. But until then, such judicial hypocrisy is likely to keep damaging the credibility of the Supreme Court and perhaps of the Constitution itself.


Fault Line 7: Freedom of Speech (Hate Speech, Cancel Culture, Disinformation, Media Bias)


As an Indian, I am very familiar with the ethos of freedom of thought/speech/expression. The nature of logic, argumentation, and truth itself have been analyzed for millennia in Indian culture, captured in a cherished national motto from a Hindu scripture: "Truth alone triumphs." The pursuit of objective truths via evidence-based reasoning is also the basis of science. But also crucial is respect for the plurality of subjective truths--lived human experiences. The objective and the subjective exist in harmony and in conflict, simultaneously, endlessly. Alas, too many people nowadays seek a corrosive "absolutism," distorting or denying the importance of objective truths and/or the dismissing the reality of subjective truths.

There is an almost religious reverence for free speech in the USA, especially among libertarians. But as I have said before in this short talk, no nation on Earth offers "free" speech. Even the vaunted First Amendment of the US Constitution has many exceptions, upheld by unanimous Supreme Court benches. Most democracies also impose other common sense exceptions based on their national context. For instance, Holocaust denial is illegal in Germany but legal in the US; hate speech is illegal in India (and often abused by politicians) but legal in the US. In fact, the US has no legal notion of "hate" speech. While private employers and autonomous public employers are free to self-regulate hate speech and behavior, government itself cannot (easily) regulate or censor hate speech. Naturally, this has become another huge fault line in American society.

Curiously, many conservatives used to rail against free speech due to "blasphemy" against religions. Now the situation has flipped, with some liberals railing against free speech, dividing "classical" liberals from so-called "woke" progressives. The lack of legal redress on hate speech has led the free market, combined with groupthink, to create a new societal pitfall: cancel culture. Some corporations and even individuals sometimes get disproportionately "punished" (e.g., being fired from their job) due to hasty semi-popular pressure without due process grounded in evidence and reasoned debate. Of course, cancel culture is not entirely new--it is just the Web 2.0 avatar of the age-old practice of shunning and boycotts. However, the speed and specificity of social media creates a new chilling effect that can ultimately harm the very groups it claims to help.

To worsen matters, politically-motivated clickbait "fake news" agents combined with user engagement-obsessed and ads-worshipping Big Tech corporations are exacerbating more social psychological pitfalls: extremist rabbit holes, social media filter bubbles, and more general echo chambers. Many in Big Tech still live in denial that they are merely "neutral platforms" and not "editors." But if a shop profits from selling too many fake-news peddling newspapers, that shop will inevitably be seen as a fake-news enabler, even if it did not create/edit said content. Interestingly, the free market is already starting to correct for this issue, with Twitter, Facebook, Youtube, etc. taking steps to combat the scourge of disinformation and hate speech. I hope government regulations also evolve prudently.

Leaving aside social media, I think a bigger harm has been caused to American society by for-profit regular news media corporations that peddle lies/bullshit and/or distort full truths--primarily on the right (e.g., Fox News and Breitbart) but also on the left (e.g., MSNBC and CNN). While the pitfall of "bothsidesism" applies to factual or legal debates, muzzling political debate over genuine policy differences is inimical to democratic ethos--no matter how uncomfortable, offensive, or even reprehensible the opinions. While the Popper dilemma of not tolerating violent intolerance does matter, prudence is paramount in avoiding both false positives and false negatives in such judgment calls because the faux comfort of short-term muzzling often obfuscates long-term societal harms. As such, freedom of speech is not freedom from legitimate consequences of speech. And all are free to reject or even condemn speech they disagree with.


Concluding Remarks


The American rightwing's assault on the human right to equality, secularism, ease of voting, and common sense gun control, as well as living in denial over systemic racism and runaway Capitalism is likely to make the USA weaker in the long term, not stronger. Even a glorious "White Christian ethnostate" will ultimately collapse if it seeks to re-subjugate women, income inequality gets obscene, public education is destroyed, the poor lack healthcare, and a destabilized climate disrupts food and water supplies. After all, the guillotine was brandished not by some sneaky globalist cabal of Jews, Blacks, and Gays but by ordinary Whites against Whites. In such a rock bottom, guns will not save America but only turn it into another Somalia.

The American leftwing's assault on civic nationalism, federalism, and common sense immigration control, as well as disproportionately hyperbolic mischaracterization of policy opponents as fascists, racists, sexists, homophobes, transphobes, etc. is also likely to make the USA weaker. Even a glorious "democratic socialist state" will ultimately collapse like the USSR or hit near-insolvency like India if Big Government fails to sustain a vibrant, innovative economic engine with competitive private enterprise to help raise prosperity for all. And just as India puts Indian interests first, France puts French interests first, and Japan puts Japanese interests first, there is nothing wrong with America putting American interests first. The USA is not the world's nanny.

The leftwing must fight smarter for their policies with a better grasp of the US Constitution. Street protests are not a substitute for the grinding work of changing hearts and minds to acquire power. The rightwing must end their policy hypocrisies, lest they throw the baby out with the bathwater. Dissent over government policies that lack majority support and trample on individual liberty is as American as anything. Not all liberals are Commies. Not all conservatives are Fascists. Policy differences must be hashed out via reasoned debates, not vulgar shouting matches. And all differences must be ultimately be settled via genuinely free and fair ballots whose outcomes must be respected by all. The alternative is the abyss: a prolonged pyrrhic civil war, and that is exactly what the real enemies of the USA in Moscow, Beijing, etc. not-so-secretly desire.


All that said, I have heard many Americans themselves say they prefer peaceful bifurcation, undoing a key outcome of the Civil War. But even after bifurcation, I suspect many of these fault lines will not vanish. As a person from the land of "a million mutinies," with its own long history of divisions and identity crises (some of which I wrote about here) and an actual bifurcation with people exchange but mass violence, I fully get what the USA is going through. While shallow analyses blame "the Russians!" the cold truth is that Putin only held a mirror to divisions already present in US society. The fault lines I listed above are real and deep.

Just living in denial and crying "vote Democrat" or "vote Republican" repeatedly will not suffice because it will not give one's preferred policies longevity. I hope Americans--on all sides of the politico-economic spectra--genuinely introspect over their nation's dire reality. Why do these divisions still exist? Why do they have such power over even rational people? Is the path ahead more fragmentation? Is history destiny? I believe it is high time the USA instituted an inclusive grassroots-led "truth and reconciliation commission" (like South Africa, Canada, etc.) to spur people-to-people conversations on such tough questions. And yes, that can include speaking about peaceful bifurcation.

Sigh. Despite all my sober analyses of America's deep fault lines and associated sociopolitical earthquakes, I still believe the principles that define(d?) the USA--a federal secular democratic republic with constitutional rule of law, a vibrant free market economy with innovative private enterprise and prudent government investment, a lead architect and a champion of universal human rights--remain strong. The arc of the moral universe is not straight, it never was. Twists and turns, leapfrogging and setbacks, joys and sorrows, are all part of the life path of any nation. The larger and more complex the nation, the more the twists and turns. But history is not destiny. The future is always in the hands of the present. The big question is: Do Americans care enough about their own nation--the whole nation--to avert a societal catastrophe?