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Lex Talionis I: the matter of Subramaniam Swamy and Harvard

[ by Charles Cameron — Harvard controversy, free speech vs hate speech, Hindutva, moral high ground & sanctions for and against violence ]

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I am grateful to various members of the New Religious Movements list for pointing me to the recent events in Harvard, where a group of scholars led by the formidable Diana Eck (her book on Banaras is a masterpiece and greatly treasured) have persuaded the Faculty of Arts and Sciences to omit two courses in economics usually taught by Subramaniam Swamy from their Summer School offerings next year, on the ground that an op-ed he published in Daily News and Analysis titled “How to Wipe Out Islamic Terror” fell under the category of hate-speech (as opposed to free speech).

The article in question is no longer available on the DNA site, but can be found on Pamela Geller‘s Atlas Shrugged blog.  An account of the controversy can be found on Inside Higher Ed, and Harvard Faculty’s debate was reported in the Harvard Magazine.

Subramaniam Swamy is President of what remains of the once powerful Janata Party and former Union Cabinet Minister.

With that as background, I would like to address the issue of the varying principles and rule-sets invoked as offering a moral high ground – or a necessary safeguard – in various religious and other traditions.

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I have read Dr Subramaniam Swamy’s article, and while the various quotes in it recommending specific actions — such as “Remove the masjid in Kashi Vishwanath temple complex, and 300 others in other sites as a tit-for-tat” and “Enact a national law prohibiting conversion from Hindu religion to any other religion” – give western readers a sense of Swamy’s overall mindset and intentions, it was another quote that held my attention:

This is Kaliyug, and hence there is no room for sattvic responses to evil people. Hindu religion has a concept of apat dharma and we should invoke it. This is the moment of truth for us.

I suspect the reason this quote has not been featured in the reports I’ve read of the debate have to do with the number of words in it that are unfamiliar to the western reader.

I’m acquainted with Kaliyug (the Age of Darkness) and with the concept of the sattvic (“Sattva is a state of mind in which the mind is steady, calm and peaceful” to quote the sacred Wiki), but had to dig a bit to discover that apat dharma is essentially “righteousness in emergencies”:

There are special Dharmas during critical and dangerous circumstances. They are called Apat-Dharma.

Swami Sivananda

Apat Dharma: They are duties that come to one under extraordinary circumstances, in crisis or in emergencies (apatmulakah). In such circumstances, even that which under normal circumstance is deemed wrong becomes dharma (tatra adharmo’pi dharmah). Here the righteous motives guide our actions (bhava-suddhimattvat). Normally a doctor gives anaesthesia before operating the patient but an emergency operation performed on the battlefield to save the life or limb of a soldier on the battlefield may be done without anaesthesia and with the instruments available, be they sterilized or not. When emergency is declared in the country, the elected parliament can be dismissed, the Constitution suspended and the ruler assumes extra-ordinary powers to deal with the situation. When peace prevails, the youth of a country should get education and work, but during war, the country may call upon its youth to sacrifice their education and fight in defence of the country, sometimes with hardly any training.

Sanjeev Nayyar

So that quote – “This is Kaliyug, and hence there is no room for sattvic responses to evil people. Hindu religion has a concept of apat dharma and we should invoke it. This is the moment of truth for us” – is essentially the abstract principle on which Swamy’s various proposals are based, and thus corresponds to the principles articulated by PM Netanyahu in his recent opening of the Knesset as underlying his government’s policies with regard to national security:

Our policy is guided by two main principles: the first is “if someone comes to kill you, rise up and kill him first,” and the second is “if anyone harms us, his blood is on his own hands.”

If you want a sense of how important that quote about apat dharma is to a Hindu (and a fortiori, a Hindutva) reader, see the way it is singled out and quoted with an illustration of Krishna driving Arjuna‘s chariot into battle by “Sanchithere (I’ve used the same illustration at the head of this post):

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What am I after here?

It seems to me that we could use a brief yet definitive scholarly account of what the guiding principles of the various religions and secular worldviews allow their adherents, in terms of justice, forgiveness, pre-emption, retribution and retaliation.

This would need to include, compare and contrast such principles as:

  • The Judaic notions of pre-emptive killing (Netanyahu’s first principle, found in the Talmud and commonly quoted as ‘ha’Ba Lehorgecha, Hashkem Lehorgo, If someone tries to kill you, rise up and kill him first) and the injunction, in fighting the Amalekites, “Now go and smite Amalek, and utterly destroy all that they have, and spare them not; but slay both man and woman, infant and suckling, ox and sheep, camel and ass” (1 Samuel 15:3).
  • Christ’s “But I say unto you which hear, Love your enemies, do good to them which hate you.” (Luke 6.27)
  • Christian “just war” theology.
  • The western / UN “norm” that some actions are simply beyond the pale, unacceptable under any circumstances (essentially the basis for war crimes tribunals)
  • Game theory’s “tit for tat” strategy in an iterated Prisoners’ Dilemma as proposed by Anatol Rapaport and articulated by Robert Axelrod in his book, The Evolution of Cooperation.
  • The Islamic tradition’s notion of response in kind (Qur’an: 2.194, “and so for all things prohibited, — there is the Law of Equality. If then anyone transgresses the prohibition against you, transgress ye likewise against him but fear Allah, and know that Allah is with those who restrain themselves”) – which would appear to imply that actions that would not normally be acceptable may be appropriate in response to an enemy that has already “transgressed” in that specific manner
  • Gandhi’s ahimsa, together with his corollaries, “An eye for an eye makes the whole world blind” (attributed) and “It is better to be violent, if there is violence in our hearts, than to put on the cloak of nonviolence to cover impotence.”
  • Swamy’s own “This is Kaliyug, and hence there is no room for sattvic responses to evil people” and “the nation must retaliate — not by measured and ‘sober’ responses but by massive retaliation.”
  • Buddha’s “Victory breeds hatred. The defeated live in pain. Happily the peaceful live giving up victory and defeat” (Dhammapada15,5)…

… and so forth.

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I am grateful for further pointers and comments you may care to offer.

I hope to follow this post up with another, Lex Talionis II, which will address the use of private rewards for revenge killings in the Israeli / Palestinian matter.

6 Responses to “Lex Talionis I: the matter of Subramaniam Swamy and Harvard”

  1. Madhu Says:

    I have read Dr Subramaniam Swamy’s article, and while the various quotes in it recommending specific actions — such as “Remove the masjid in Kashi Vishwanath temple complex, and 300 others in other sites as a tit-for-tat” and “Enact a national law prohibiting conversion from Hindu religion to any other religion” – give western readers a sense of Swamy’s overall mindset and intentions,….

    Ugh. What a terrible thing to say or think. What a nasty attitude. I mean, I can’t describe how disgusted I am. I don’t believe in the concept of hate speech, consider myself a free speech “absolutist,” and yet, don’t mind at all that Harvard acted in the way it did. How to square this circle? Dunno. Good thing I am not a university administrator. 
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    And yet, I suppose someone will drag up something within the context of the Israeli-Palestinian conflict that another Harvard professor has said in the past while still being employed that is supposedly as hateful. And it probably is, too, judging by the horrible things people say about one another within the context of that conflict.
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    Charles, I have always wanted to write about the following but have been a bit shy to do so. On Small Wars Journal I brought up that during the 90s, the Clinton administration was quite worried about the Janata party and its Hinduvta ideology and yet Indian critics complained they were more forgiving of the Islamist sayings of the Pakistani leadership while lecturing the Indians on Hinduvta. And thus, they underplayed the dangers of Pakistan’s Islamist proxies.
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    Why is the left more comfortable with criticizing Hindus (within the American domestic context), while the right is more comfortable with criticizing Muslims? What’s that about? Also, I used to hear variants of the following sort of thing within the Indian community and never knew what to do with it (especially when considering the strange US-NATO/UK-Pakistan-India relations):

    I don’t agree with everything he writes. But I like him because he sees many things with great clarity — although in his rip on “Slumgdog Millionaire” he runs himself in circles trying to fathom why so many British hate India and Hindus.
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    The answer is simple. If the Indians had thrown them out, the British would have respected that. But the shilly-shallying around for the decades of Gandhi’s non-violent movement they found highly insulting. They paid back the perceived insult by machinating to give the region called Pakistan to a bunch of raja families who didn’t want their land holdings broken up by democracy reforms in post-Independence India.
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    http://pundita.blogspot.com/2009/11/gee-rajeev-dont-stand-on-ceremony-tell.html

    and

    I have recently been reading Paul Scott’s series of novels about the last years of British India. It’s hard not to notice that the British rulers of India, especially the military men, rather favored Muslims over Hindus. You get the same impression from Kipling’s stories, and from George MacDonald Fraser’s Flashman books. There was a perception that Hinduism was a bit snivelly, pacifistic, commercial, and lower-middle-class.
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    This is very unfair to Hinduism, whose most sacred text, after all, is a battlefield conversation, and whose military castes could, at the height of their vigor, have given any samurai or ghazi a run for his money. (And that’s not even to mention the fightingest Hindus of all.)
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    The perception was plainly there, though. It was much fortified in later years by Gandhi, with his doctrine of non-violence, his spindly frame, his fussiness about diet and sex, his high-pitched voice and his clerkish glasses. (Gandhi’s War Medal — for organizing a battlefield ambulance corps in the Boer War — was conveniently forgotten.) Hindus were wimpy; Islam was a fighting faith, a manly faith.

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    http://www.nationalreview.com/articles/222229/islamophobophobia/john-derbyshire

    I have always wondered if this sort of thing blinds intelligence analysts of the military or other kind….

  2. Madhu Says:

    Oh darn about my last comment (awaiting moderation). I didn’t put in paragraph breaks. Apologies.

  3. Madhu Says:

    Thank your for fixing, to whoever (?whomever) fixed the paragraphs!!!!

  4. Charles Cameron Says:

    You are most welcome, Madhu.  Your posts are always very much appreciated.

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    I’ve been so preoccupied with the formatting, however, that I haven’t really had time to digest the content of your post. I hope to respond properly a bit later.

  5. Madhu Says:

    Oh, I should learn to do it myself. I can be so middle-aged about computers, sometimes.

  6. Charles Cameron Says:

    Zen has upgraded the comments system, and it works much better now.
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    You can make new, separated paragraphs by putting a period between them, as seen here.
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    I’m not sure how the  privs work, but if you get the chance to edit your own comments, signaled by the word “edit” just after the date & time stamp, you may get to do so in HTML, in which case you could add in “blockquotes” tags as appropriate.


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