Enshrined in law

Secularism became a vital part of the Indian constitution after independence, but it is now under th

The French writer André Malraux once asked Jawaharlal Nehru, India's first prime minister, what his greatest challenge had been since independence. "Creating a just state by just means," he replied. Then, after a pause, he added: "Perhaps, too, creating a secular state in a religious country."

India has always been a deeply religious ­nation. Four of the world's major faiths - Hinduism, Buddhism, Sikhism and Jainism - emerged there. Today, it has the third-largest Muslim population on earth, at roughly 150 million, and there are also about 30 million Christians. Though four out of five Indians are Hindus, each of the other major faiths constitutes a majority in one or more of the country's provinces: for example, the Sikhs in Punjab, the Christians in Nagaland and the Muslims in Jammu and Kashmir.

But more than six decades on from independence, India remains an avowedly secular nation state. The preamble to its constitution says: "We, the people of India, having solemnly resolved to constitute India into a sovereign, socialist, secular democratic republic . . .'' The word "secular" was inserted in a 1976 constitutional amendment, in order to make the position explicit.

The constitution does not, however, define what it means by "secular", and nor have the judges of the country's Supreme Court ever settled on an official definition. The Hindi word that is commonly used for secularism in India is dharmanirapekshata, which means "indifference towards religion".In the words of the political scientist Ashutosh Varney, this indifference translates - in theory, if not in practice - "into religious equidistance, not non-involvement". Religions are cherished and valued, and are part of public life, but they have no claims over one another, nor to state or political power.

“In the Indian context, secularism means something quite different from what it does in Europe," Soumya Bhattacharya, editor of the Mumbai-based Hindustan Times, tells me. "Over here, it connotes a tolerance of all religions and actively working towards the coexistence of different religions. In India, a religious person can, and should, be secular."

Divide and rule

Such a view might seem odd in Europe, where the French model of laïcité, for example - often described as the most extreme interpretation of western secularism - is based on a strict separation between state and organised religion. In contrast, the Indian model does not see a wall of separation between politics and faith but, instead, insists on the neutrality of the state towards religion. Indian secularism does not require the state to be irreligious or anti-religious; nor does it ban religion from the public sphere, as is the case in France.

But does such a model of secularism work in practice? "India shows that it is possible, warts and all, to have a functioning, secular judiciary and legal system and to refuse the idea that one religion or sect - be it Hinduism in India or Anglicanism in the UK - gets to set the terms of debate," says Priyamvada Gopal, the Indian-born author and Cambridge University lecturer.

Some in the west assume that the British bequeathed to India its secular fabric, along with democracy, the rule of law and the railways. But this simplistic view ignores the Raj's "divide-and-rule" strategies, which tended to exacerbate rather than reduce tensions between faiths, particularly Hindus and Muslims. The reality, Gopal argues, is that India's state-­sponsored secularism "found subcontinental resources to draw on in the form of an existing heterogeneity and traditions of tolerant, everyday coexistence" between communities.

Separation between faith and state is an ancient feature of Indian society. According to Hindu tradition, there is a split in authority between priest and ruler, the Brahmin and the Kshatriya. "It is an undoubted fact that in India, religions and philosophical thinkers were able to enjoy perfect, nearly absolute freedom for a long period," wrote the sociologist Max Weber in The Religion of India in 1915. "The freedom of thought in ancient India was so considerable as to find no parallel in the west before the most recent age."

Secularism, as leaders of the Indian independence movement such as Mahatma Gandhi, Maulana Abul Kalam Azad and Nehru recognised in the 1930s and 1940s, was not an alien ideology, but "an inextricable part of the nationalist self-conception at independence", says Shabnum Tejani, lecturer in south Asian history at the School of Oriental and African Studies in London. But while Gandhi (a Hindu) and Azad (a Muslim) embraced secularism from their respective religious perspectives, the atheist Nehru was the first to accept it in a political sense. On 3 April 1948, he declared in the Constituent Assembly that: "The alliance of religion and politics . . . is a most dangerous alliance, and it yields the most abnormal kind of illegitimate brood."

In the years after independence in 1947, the idea of India as an inclusive, secular, democratic state became an article of faith among the country's political and cultural elite. Supporters of secularism point to the success that the country has had in enshrining the rights of minorities in law, while also allowing faith communities the freedom to opt for a (voluntary) system of "personal law" on certain family issues, such as marriage and divorce, governed by their respective religious laws. Meanwhile, religious diversity in the public sphere has flourished. The former president of India A P J Abdul Ka­lam is a Muslim, as have been two other former heads of state; the current prime minister, Manmohan Singh, is a Sikh; the head of the Congress Party (and arguably the most powerful person in the country), Sonia Gandhi, is a Roman Catholic.

End of an era

It is important not to romanticise modern, secular India, however. Muslims are among the most deprived communities in the country, with lower-than-average life expectancies and literacy rates. The ghettoisation of Muslim and Christian communities is growing. India's secularism is also riddled with contradictions. Religious festivals, such as Diwali, Eid and Christmas, may not have been granted the status of national holidays, but the state offers various perks to faith communities. The government subsidises air fares for Muslim passengers travelling to Saudi Arabia for the annual hajj pilgrimage (to the tune of roughly 50,000 rupees, or £700, per passenger). "India has evolved to a situation where secularism means treating individual religious communities, especially the Muslims, as requiring special treatment," says Meghnad Desai, the Indian-born Labour peer and author of The Rediscovery of India.

This has long been the challenge from the Hindu right, which alleges that the Indian secular model as advanced by Nehru and his heirs is "western" and "anti-Hindu", "appeases minorities" and is, therefore, "pseudo-secular". One main complaint of right-wing Hindu politicians is the lack of a uniform civil code for all citizens. They point to the anomaly of Muslims being allowed up to four wives under their "personal law", while non-Muslim Indians are legally bound to be monogamous.

Secularism, warns Bhattacharya, is "under threat" - from the rise of Hindu nationalism and militant Islam. The former is heightened by the presence in the political mainstream of the Bharatiya Janata Party (BJP), which is affiliated to the Hindu far right, and the latter by the worrying emergence of home-grown Muslim jihadist groups such as the Indian Mujahideen. Bhattacharya points to the Hindu-Muslim riots of the early 1990s, in which approximately 1,000 people were killed in Mumbai after the demolition of a mosque in the Hindu holy city of Ayodhya, and the pogrom against Muslims in the state of Gujarat in 2002, which led to the deaths of an estimated 2,000 people.

So, is the era of Indian secularism over? On the contrary: the Indian public reaffirmed its commitment to secularism in the general election of 2009, which brought resounding victory to the Congress Party and its secular allies and a crushing defeat for the BJP. Even critics, including Desai, acknowledge that it has virtues worth emulating here in the west. "The Indian stance of empowering communities as having some autonomy within the law could be copied by Europeans - as long as we are sure that the basis of human rights as individualistic is retained," he tells me. Others are more sympathetic. "It's not perfect and perhaps it should be regarded as a work in progress," Gopal says, "but the basic model is worth defending."

Ultimately, a diverse polity such as India can prosper only if it has faith in the inclusive and religiously neutral model of governance established by its founders in 1947. As Gopal says, this model of secularism is "integral to the survival of a nation cobbled together from such a diverse range of faiths, practices, beliefs, identities and languages".

Mehdi Hasan is a contributing writer for the New Statesman and the co-author of Ed: The Milibands and the Making of a Labour Leader. He was the New Statesman's senior editor (politics) from 2009-12.

This article first appeared in the 19 July 2010 issue of the New Statesman, Godless Britain

NEAL FOX FOR NEW STATESMAN
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They know where you live

Imagine your house being raided by armed police. That’s what happened to Mumsnet’s Justine Roberts after she fell victim to an internet hoaxer.

At around midnight on Tuesday 11 August 2015, a man dialled 999 to report a murder. A woman had been killed in her London home, he said, before hanging up without offering his name. A second call followed. This time, the man claimed to be the killer. He told the operator that he had now taken the woman’s children hostage at the Islington address. They were locked with him inside a room in the house, he said. The police responded with reassuring speed. Fifteen minutes later, eight officers, five of them armed with automatic weapons, accompanied by saliva-flecked dogs, arrived at the scene and took up position in neighbouring front gardens. When one officer banged on the front door of the house, the team was greeted, moments later, not by a masked murderer but by a blinking and bewildered au pair.

Justine Roberts, the woman whom the caller claimed to have killed, was in fact nearly 2,000 kilometres away – in Italy, holidaying with her husband and children. After explaining this to the police, the au pair called Roberts, who assumed that the incident was an unfortunate misunderstanding, one that could be unpicked after the vacation. It was no mistake. Roberts had been the victim of “swatting”, the term given to a false emergency call designed to bait an armed unit of police officers to storm someone’s home. It wasn’t until a few days later, as the family was preparing to return to London, that Roberts discovered that she had been the target of a planned and sustained attack, not only on her household, but also on her business.

Roberts is the founder of Mumsnet, the popular British internet discussion forum on which parents share advice and information. A few days before the swatting incident, members of 8chan, a chat room that prides itself on being an open, anonymous platform for free speech, no matter how distasteful, had registered accounts on Mums­net with the aim of trolling people there. When legitimate Mumsnet users identified and then ridiculed the trolls, some retreated to 8chan to plot more serious vengeance in a thread that the police later discovered. Roberts wasn’t involved in the online skirmish but, as the public face of the site, she was chosen as the first target.

After the initial armed response, Roberts’s perception was that the police were unconcerned about the swatting attack. “We were told that there was no victim, so there was not much that could be done,” she told me. The hoax caller, however, was not finished. In the days after the incident, there was chatter on Mumsnet and Twitter about what had happened. A Mumsnet user whom I will call Jo Scott – she requested anonymity for her own safety – exchanged heated messages with a hacker who claimed responsibility for the 999 call.

“It descended into jokes and silliness, like many things do,” Scott said. “I didn’t take it seriously when the hacker said he had big surprises in store.” She doesn’t believe that what happened next was personal. “I think I was just easy to find.”

A few days after police were called to Roberts’s home, Scott was in her bedroom while her husband was sitting downstairs playing video games. At 11pm, she heard a noise outside. “I looked out of the window and saw blue flashing lights in the street,” she recalled. “I could hear shouting but I didn’t pay it much notice.” Then she heard her husband open the front door. Police rushed into the house. An armed officer shouted upstairs, asking Scott if she was hurt. When she replied that she was fine, he told her to fetch her two young children: he needed to see them. Scott shook her sons awake, explaining, so as not to alarm them, that the police had come to show the boys their cars. As the three of them went downstairs, the officers swept up through the house, repeatedly asking if there were any weapons on the property.

“I was beyond confused by this point,” Scott said. “Everyone was carrying a gun. They had little cutaway bits so you could see the bullets. My eldest asked one of the officers if he could have a go on his gun and went to touch it.”

As Scott sat with an officer downstairs, she asked what had happened to her husband. “I later found out that the noises I’d heard were the police calling for him to come outside,” she said. “He dropped the PlayStation controller as he left the room. It was only later that we realised it’s a good job he did: in the dark, the controller might have looked like a weapon.”

Outside, Scott’s husband had been surrounded and arrested. Other police ­officers were on the lookout in the front gardens of nearby properties, having warned the couple’s neighbours to stay indoors, away from their windows. “One of the officers said it was beginning to look like a hoax,” Scott said. “Then he mentioned swatting. As soon as he said that word, I twigged that I’d seen the term that day on Twitter in relation to the Mumsnet hack.”

***

The term “swatting” has been used by the FBI since 2008. “Swat” is an acronym of “Special Weapons and Tactics”, the American police squads routinely called to intervene in hostage situations. It is, in a sense, a weaponised version of a phoney order of pizza, delivered as a prank to a friend’s home, albeit one that carries the possibility of grave injury at the hands of police. For perpetrators, the appeal is the ease with which the hoax can be set in motion and the severity of the results. With a single, possibly untraceable phone call, dialled from anywhere in the world, it is possible to send an armed unit to any address, be it the home of a high-profile actor whom you want to prank or that of someone you want to scare.

In America, where swatting originated, the practice has become so widespread – targets have included Tom Cruise, Taylor Swift, Clint Eastwood and the Californian congressman Ted Lieu – that it is now classed as an act of domestic terrorism. In the UK, where Justine Roberts’s was one of the first recorded cases, swatting is classed as harassment, though that may change if these and other forms of internet vigilante attacks, such as doxxing, become increasingly commonplace.

Doxxing involves the publication of someone’s personal details – usually their home address, phone numbers, bank details and, in some cases, email address – on the internet. It is often the prelude to swatting: after all, the perpetrator of a hoax cannot direct the police to the target’s home address until this is known. (During the week of the Mumsnet attacks, one of the perpetrators attempted to locate another target using their computer’s IP address, which can identify where a person is connected to the internet, often with alarming precision. Their calculation, however, was slightly out; police were called to a neighbour’s address.)

Though doxxing has a less dramatic outcome than swatting, the psychological effects can be just as severe. For victims – usually people who are active on the internet and who have outspoken opinions or who, in the eyes of an internet mob, have committed some kind of transgression – the mere threat of having their personal information made available on the web can cause lasting trauma. A Canadian software developer whose home address, bank details, social security number and email history were published online in 2014 told me that he now keeps an axe by his front door. “I still don’t feel safe here,” he said. “It’s terrifying.”

Christos Reid, a social media manager for a software company, was doxxed last year. Reid’s information came from a website he had registered seven years earlier. “I woke up one morning to find a tweet announcing my personal details,” he told me. When he asked the Twitter account holder to take down the address, he was told to commit suicide. Reid said he was “OK for about half an hour”; but then, after he went out, he broke down in the street. “I’ve become more paranoid,” he said. He no longer gives out business cards with personal information.

Reid lives in London, but at the time of the doxx he was attending an event in Nottingham, home to the British police’s largest cybercrime division. He was impressed with the police response, even though they told him that they had not heard of the term “doxxing” before. “I was interviewed by two separate people about my experiences who then compiled everything into a case file and transferred it to the Met. When I arrived home, an officer visited me to discuss what happened and my options.”

The policeman explained harassment law to Reid, and offered advice on how to improve security at his flat and what to do if someone hostile turned up at the address. Reid shouldered the repercussions of what had happened alone; no suspects were identified. A spokesperson for the Metropolitan Police similarly said that although detectives from Islington CID have investigated the swatting attacks made on Roberts and Scott, no suspects have been identified “at this time”, even as “inquiries continue”.

Doxxing may seem to be a mild form of harassment but it carries with it an implicit threat of impending violence; the worrying message is: “We know where you live.” Unlike swatting, which is always malicious, doxxing is sometimes viewed by its perpetrators as virtuous. In November 2014, hackers claiming to be aligned with the internet group Anonymous published personal information allegedly belonging to a Ku Klux Klan member from Missouri. The hackers said that their action was a response to the KKK’s threat to use lethal force against demonstrators in the city of Ferguson, Missouri, protesting against the killing of the unarmed black teenager Michael Brown by a white police officer. In January 2015 hackers claiming to be from Isis took over US Central Command’s Twitter account and posted information about senior military officers, including phone numbers and email addresses. In each case, those carrying out the doxxing believed, however mistakenly, in the virtue of their actions and hoped that the information could be used to bring punishment or ruin to the subject.

The term “doxxing” may be new but the practice is an old one. The Hollywood blacklist revealed the political beliefs and associations of actors and directors in the late 1940s as a way to invite shame, deny employment and dissuade others from following their example. “But it has become a lot easier to find people’s private details with the help of the internet,” Jeroen Vader told me. Vader owns Pastebin, a website that allows users to upload and distribute text documents, and where much of the personal data is anonymously uploaded and shared. “People post their private information on social networks,” he said. “A lot of people aren’t aware that their information is so easily available to others.”

In Justine Roberts’s case, the perpetrator may not even have needed to look at social networks to mine her personal information. “If you’re on the electoral roll, you’re easy to find,” she said. “There’s not much you can do to stop people getting hold of your data one way or another, whether it’s for nefarious reasons or simply to better advertise to you. We live in a world that is constantly trying to gather more information about us.”

Jeroen Vader said he has noticed an “upward trend” in the number of doxxing posts uploaded to Pastebin in recent months, but insisted that when someone uses the site’s abuse report system these offending posts are removed immediately.

Across social media companies, action is more often reactive than proactive. Victoria Taylor, a former director at Reddit, one of the largest community-driven websites in the world, said that the rule against publishing other users’ personal information has been “consistently one of the site’s most basic policies” and that “any violation of this rule is taken extremely seriously by the team and community”. Still, she was only able to recommend that victims of doxxing send a message to the site’s administrators. Similarly, when asked what a person can do to remove personal details that have been published without permission, a Twitter spokesperson said: “Use our help form.”

The spokesperson added: “There has def­initely been an overall increase in doxxing since 2006, both on Twitter and on the internet more generally.” She attributed this rise to the emergence of search engines such as Intelius and Spokeo, services designed to locate personal information.

***

The surge in the number of dox­xing and swatting attacks is in part a result of the current lack of legal protection for victims. Confusion regarding the law on doxxing is pervasive; the term is even not mentioned in either US or European law. In a tutorial posted on Facebook in 2013, the writer claims: “Doxxing isn’t illegal as all the information you have obtained is public,” and adds: “But posting of the doxx might get you in a little trouble.”

Phil Lee, a partner in the privacy, security and information department of Fieldfisher based at the law firm’s office in Silicon Valley, said that differing privacy laws around the world were part of the problem. “Various countries have laws that cover illegal or unauthorised obtaining of data. Likewise, some of the consequences of releasing that data, such as defamation or stalking, cover elements of what we now term doxxing. But there is no global law covering what is a global phenomenon.” Indeed, Roberts believes that her London address was targeted from America – the 999 call was routed through a US proxy number.

One challenge to creating a law on doxxing is that the sharing of personal information without permission has already become so widespread in the digital age. “If a law was to state something like, ‘You must not post personal information about another person online without their consent,’ it wouldn’t reflect how people use the internet,” Lee said. “People post information about what their friends and family members have been doing all the time without their consent.

“Such a law could have a potentially detrimental effect on freedom of speech.”

Lee believes that a specific law is unnecessary, because its potentially harmful effects are already covered by three discrete pieces of legislation dealing with instances where a person’s private information is obtained illegally, when that information is used to carry out illegal acts and when the publication of the information is accompanied by a threat to incite hatred. However, this does not adequately account for cases in which the information is obtained legally, and then used to harass the individual in a more legally ambiguous manner, either with prank phone calls or with uninvited orders of pizza.

Susan Basko, an independent lawyer who practises in California and who has been doxxed in the course of her frequent clashes with internet trolls, believes that the onus should be on the law, rather than the public. She points out that in the US it is a crime to publicise information about a government employee such as their home address, their home and cellphone numbers, or their social security number, even if the information is already online. “This law should apply to protect all people, not just federal employees,” she said. “And websites, website-hosting companies and other ISPs should be required to uphold this law.”

Basko said that doxxing will continue to increase while police have inadequate resources to follow up cases. For now, it is up to individuals to take preventative measures. Zoë Quinn, an American game designer and public speaker who was doxxed in 2014, has launched Crash Override, a support network and assistance group for targets of online harassment, “composed entirely of experienced survivors”.

Quinn, who spoke about the problem at a congressional hearing in Washington, DC in April last year, recently posted a guide on how to reduce the likelihood of being doxxed. “If you are worried you might some day be targeted,” she wrote, “consider taking an evening to stalk yourself online, deleting and opting out of anything you’re not comfortable with.”

Both Scott and Roberts have changed their privacy habits following the attacks. Scott is more careful about interacting with strangers online, while Roberts uses scrambler software, which ensures that she never uses the same password for more than one online site or service.

For both women’s families, the effects of their encounters with armed police have also lingered. When one day recently Roberts’s husband returned home early from work, the au pair called the police, believing it was an intruder. And Scott is haunted by what happened.

“What if my husband had made a sudden move or resisted in some way? What if my eldest had grabbed the gun instead of gently reaching for it? What if people locally believed that my husband did actually have guns in the house?” she asks. “I don’t think the people making these sorts of hoax calls realise the impact.” 

This article first appeared in the 28 April 2016 issue of the New Statesman, The new fascism