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ABSTRACT
The concept of governance has evolved throughout history. Liberal
Democracy is the most acceptable form of government today and accords utmost
significance to socio-political liberties. A denial of these liberties has been labelled
by many as illiberalism and is visibly on the rise globally. South Asia has also seen a
steady rise in illiberalism but has not received adequate attention from the global
academia. An analysis of the declining liberties in main regional stakeholders (e.g.,
India and Pakistan) will help understand the impact of such inclinations on inter-state
relations and regional stability.
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Table of Contents
Contents Page

Abstract iv
Chapter 1: 1
Introduction
Chapter 2: 6
Contextualizing Illiberalism
Chapter 3: 10
Manifestation of Illiberalism in Pakistan (Case Study - I)
Chapter 4: 20
Manifestation of Illiberalism in India (Case Study - II)
Chapter 5: 29
Key Findings, Deductions and Conclusion

Bibliography 35
 1

CHAPTER 1: INTRODUCTION

“Whenever people are given an opportunity not to live in constant fear ….

They choose freedom.”1
Natan Sharansky
1.1 Background
In 1997, Farid Zakaria wrote about a concerning global trend: the rise of
illiberal reforms in democracies and resultant erosion of liberties. He termed this as
the rise of illiberal democracy. He highlighted that although dictators and autocrats
were being overthrown and votes were being cast, the individual rights, legitimate
laws, rights of minorities and freedom of media were either being denied or being
exploited for self-interest.2 Even today, his observations and concerns are valid or
even more applicable.
Modern democracy is a fusion of two main factors: the public selection of
representatives and more importantly respect to individual and communal rights.
These rights are crucial in defending the population against wrongful detentions,
forced conversions, inhibition of expression and other such oppressions. The
afforded protection is not only from the governing tyrants but also from any such
abuse by the majority of population.3 Such protection was also signified by the
renowned Bill of Rights, which is an enumeration of things that the public majority
cannot do. These traditions of popular participation, liberty and law make a liberal
democracy; a liveable homogeneous form of governance.4
However, these two streams are drifting apart in many countries such as
Russia, Iraq, Turkey and Hungary, to name a few. While the so-called democracy
exists in these countries (in one form or the other), but individual and communal
liberties either do not exist or have become a hostage to the authorities. In all such
examples, the essence and core of liberal democracy have evaporated, and only a
hollow shell of democracy remains. The main criticism for such governments is not
due to their economic policies. The mainstay of criticism against them is for non-
functional institutions, and their mishandling of human rights, non-profit organisations
and media.5 This disregard to liberties may be due to particular contexts for each
government, yet there is a similarity in the manifestation of these illiberal values.
Moreover, such tendencies have dire implications for the individual lives and have
far-reaching consequences for respective regional and global stability.
The region of South Asia is not an exception to this worrying rise of
illiberalism. Despite the existence of a shell of democratic systems, the essence of
1
Natan Sharansky, “The Case for Democracy: The Power of Freedom to Overcome Tyranny and
Terror, Balfour Books” – 2004.
2
Fareed Zakaria, “The Rise of Illiberal Democracy”, Council on Foreign Relations, Foreign Affairs -
76/6 – 1997.
3
Max Meyer, “Liberal Democracy: Prosperity through Freedom”, Springer Publications – 2020.
4
Ibid.
5
David Stasavage, “The Decline and Rise of Democracy: A Global History from Antiquity to Today”,
Princeton University Press – 2020.
 2

liberal democracy is missing from countries like Pakistan, Sri Lanka, Bangladesh
and India. Multiple factors differentiate each state from another in this regard, yet the
main parameters of comparison are similar due to the shared geopolitics and history
of the region. Moreover, these countries – although drifting towards illiberalism –
function adequately within the regional and global system and are supported by one
or many of the international institutions and frameworks.6
Against this backdrop, it is important to study the context and manifestation of
such illiberal practices in the South Asian region. More so, because illiberalism is a
persistently increasing denial of liberal democratic values for humans and societies.
It refuses to accept an electoral democracy, individual rights, the legitimacy of law
and tolerance. It is known that the failure of liberal governments to address the
social issues gave space for illiberals to further alternatives of identity politics and
national/sub-national motives.7 This appraisal will be a step towards the “positive
identity politics” and a sense of equality for all segments in a society. Achievement
of such an end-state is, however, likely to be an enormous and complicated task.
1.2 Aim of the Research
The aim of this research is threefold. Firstly, to discuss the rise of illiberalism
in South Asia and how such tendencies manifest in the governance. Secondly, to
analyse the constraints on liberties across the various aspects of the societies.
Lastly, to discuss the implications of illiberalism on inter-state relations and regional
stability.
1.3 Significance of the Research
The concerns about illiberalism are gaining traction globally because of its
influence and reach across the regional and global governments. It not only impacts
the populations, but also has a direct correlation with the international relations and
global security.8 Hence, it merits thorough research and discussion. There is an
inherent endeavour in such researches to bring forward the issues of human rights
and fairness for everyone across the globe. Another reason for a timely research on
the subject is that when such issues are talked about, it is already too late to take
necessary actions to mitigate them. Moreover, there is a lack of literature on the
subject from a South Asian perspective. Most opinions are based on Western
academia seeing the aspects from Western lens. The effort during the research,
therefore, has been to compare many aspects on similar lines avoiding inherent
biases. The research is also supported by personal experience of the society,
keeping it as neutral as possible.

6
Ed: T., Ramesh & W., Oddny, “South Asia in the world: Problem solving perspectives on security,
sustainable development, and good governance”, United Nations University Press.
7
Arne Muis & Lars van Troost, “Will human rights survive illiberal democracy?”, Strategic Studies,
Amnesty International – Netherlands.
8
Ibid.
 3

1.4 Research Questions

The main research question is, “How Illiberalism has manifested in South Asia, and
what are its implications for inter-state relations and regional stability”. This requires
an inquiry into some secondary questions such as:
 What is the state of political and civil liberties in South Asia?
 How does illiberalism compare in prominent stakeholders of the region?
 What is the role of regional or global powers in the increasing illiberal
inclinations?
 What implications does the rise in illiberalism have for a state?
 How illiberalism impacts the inter-state relations and regional stability?
1.5 Scope of the Research
The research will cover the various aspects related to governance in the
South Asian region. It will focus on two aspects namely: political liberties and civil
liberties. Within these aspects, the context of democratic processes and liberty will
be discussed before analyzing factors impacting the liberal values and institutional
processes. Considering the limited scope of the research, various forms of
governance will not be covered in detail. 9 However, a brief reference to necessary
terms will be made to establish the context. The focus will be on the spectrum of the
illiberal values and practices. The practical manifestation of these aspects will be
emphasized in various categories to reach the logical deductions from available
information. A comparison of given case studies will enable to identify the rise of
illiberalism within discussed countries in particular and other regional stakeholders in
general. This will lead to the possible implications for states, inter-state relations in
South Asia and the regional stability.
1.6 Research Methodology
The research will be a qualitative study of primary and secondary sources on
the subject. Each piece of information presented in the paper will be backed by a
valid reference from credible sources wherever possible. The intangible
observations will be based on the author’s experience and unbiased perspective will
be kept at prime where comparisons are drawn. Although in South Asia a number of
other countries can be seen as leaning towards illiberalism, 10 those examples will
better serve the purpose of this research which influence the regional geopolitics
greatly. Hence, manifestation of illiberalism in Pakistan and India will be examined in
detail – in an effort to cover most factors in the case studies. Various other reasons
have been considered for selection of these case studies. Firstly, both countries are
the only nuclear powers in the region. Secondly, both countries share portions of
history, demography and geography for a comparison.11 Thirdly, the alliances and
foreign relations of both depict the regional and global polarity (Sino-US rivalry).
Lastly, while both are democracies based on differing foundations, their democratic

9
David M. Hayne, “Governance in the 21st Century”, University of Toronto Press – 2000.
10
James Crabtree, “South Asia's turn to illiberal democracy”, Nikkei Asia – 2019.
11
Farida Jalalzai, “Democracy in South Asia: India and Pakistan: parallel pasts, divergent futures”, in
Routledge Handbook of Democratization – 2011.
 4

journey started together and was shaped by subsequent events. These key reasons
and other minor aspects make their study more relevant with the research than that
of any other country of South Asia.12 The parameters used for the case studies are
explained by the flowchart below:

Figure - 1
These parameters will allow to assess the same factors in both case studies
and will help compare their implications from similar standpoint. 13 For the sake of
brevity in this appraisal, the focus of the assessment will remain on how liberal
values are undermined for each factor. The commentators may label an aspect as
per their personal perspective on varying scales. As a general reference the author
has placed the illiberal inclinations with respect to democracy as per the scale in the
figure below.14

Figure - 2

1.7 Structure of the Paper

This paper will attempt to address the subject in a sequential way through four
main chapters (excluding the introductory Chapter 1). Chapter 2 will set the

12
Ibid.
13
Parameters have similar sub-sections within the text for both case studies to draw comparison
conveniently.
14
This is visual representation of where author believes the origin of illiberalism begins affecting from
being democratic to undemocratic.
 5

foundations of the topic by briefly discussing the key concepts about governance,
democracy, liberalism and illiberalism. The literature review will be incorporated as a
commentary on these concepts instead of paraphrasing some written work by
others. From a global overview, this section will contextualize the topic for South
Asian region before discussing the two chosen examples of Pakistan and India.
Chapter 3 will discuss the manifestation of illiberalism in Pakistan through
multiple factors, divided into two broad categories of Political Liberties and Civil
Liberties. The focus of this section will be to highlight illiberalism for each of the
parameter in order to establish a concise view of curtailed liberties in Pakistan.
Chapter 4 will discuss the example of India in line with the case study of
Pakistan. Same categories and sub-categories will be utilized to do this with similar
outcome of a concise picture of curtailed liberties in India.
Chapter 5 of the paper will include authors key findings and deduction from
the research. These will have a brief comparison for both case studies in an attempt
to discuss the subject from the perspective of the two countries as well as the
regional system of cooperation. Focus will be on covering the implications of
illiberalism at various levels, thereby concluding the research.
 6

CHAPTER – 2
CONTEXTUALISING ILLIBERALISM
2.1 Liberal Democracy vis-à-vis Illiberalism
Before discussing the specifics of illiberalism and its implications, it is useful to
discuss the concept of a liberal democracy. There exist numerous definitions of
democracy, but probably a concise definition would be “government by the people or
their elected representatives”.15 Without delving into any details of its evolution, one
can see that all versions of democracy possess some key aspects in one form or the
other. These are: lawfulness, upholding human rights, secularism, protection of
minorities and pluralistic systems for free choices and expression. The term Liberal
Democracy, for the purpose of this paper, refers to “a type of governing system,
developed in global western hemisphere during 20 th century and evolved
thereafter”.16 It signifies freedom for the people and tolerance in all its forms, and
revolves around the individual political as well as civil liberties. It also promotes free
and open market economy and entrepreneurship, unbiased laws and regulations and
most importantly a politically independent, secular judicial system.17
The nations following the system of liberal democracy are while politically very
similar (such as United States and United Kingdom) they are quite different in their
manifestation of democracy. This is due to many factors such as history, ethnicity,
cultures, economy and recent geopolitics of the country. Of late, the jealously
guarded liberal aspects of democracy against the communism are now being
questioned by the same governments who protected these. 18 These governments
are sliding slowly towards the less liberal or even illiberal side of the scale. While this
can be attributed to a number of reasons too, primarily it has happened due to the
“Global War on Terror”. To guarantee security to the individuals and the state –
certain compromises have infused progressively in various governments’ policies
and practices. These compromises continue to be challenged socially and politically,
especially by the advocates of human rights and civil liberties. Study of such
examples demonstrates the complexity of relationship between governance and
liberal values.19 This becomes more intricate when democracy as a form of
government is compared at a regional or global level. Illiberalism, therefore, can be
best understood as an absence of aforementioned liberties or liberal values – in
particular from those governments which claim to be democratic or secular.20
Referring to the “tyranny of majority”, it can be stated that the majority is not
always right.21 Similarly, Popper’s three paradoxes of freedom, tolerance and

15
Max Meyer, “Liberal Democracy”, 2020.
16
Ibid.
17
Ibid.
18
Fareed Zakaria, “America’s Democracy has become Illiberal”, The Washington Post – December
2016.
19
Michael C. Desch, “America's Liberal Illiberalism”, in International Security – 2008.
20
MacDonald, Malcolm N., and Hunter, Duncan, “The Discourse of Security: Language, Illiberalism
and Governmentality” – 2019.
21
Thornton, Bruce S, “Democracy's Dangers & Discontents: The Tyranny of the Majority from the
Greeks to Obama”, Hoover Institution - 2014.
 7

democracy indicates the necessary limits of sovereignty for the newly formed
nations.22 Were these nations freed to curtailed the freedoms of other groups? This
points to the complex role of authority and the limits to which these authorities may
be exercised against the majority or minority of a population. The fine balance of the
state authority vis-à-vis individual liberties emerges as the most suitable equation.
No form of governance can be termed entirely as liberal or illiberal. As long as the
sanctity of the communal and individual rights is upheld – the governance remains
within the confines of liberalism. Any actions or policies undermining the basic
liberties may, therefore, be labelled as illiberal – irrespective of the type of the
government.23
2.2 Global Rise of Illiberalism
The world – even without the ongoing pandemic – is transiting through an
economic and political crisis. The current international order is retreating for a new
multipolar international system. Amidst all this, some nations are flirting with more
practical and lesser than ideal measures.24 Even the superpowers are reassessing
their foreign policies and outlook. There is an urge of illiberal temptation and
economic nationalism – which gives way to populist politics. The power politics
similar to the 20th century is over-shadowing the current international order. It is
important to note that Russia, China and some smaller regional powers have
constantly demonstrated illiberal achievements. This provides an alternative political
way for developing countries - who are otherwise left behind due to democratic
confines and regulations. These nations require quick-fix and rapid economic and/or
political changes, therefore, they don’t deem the constrictions of the liberal
democracy favourable. 25 Instead, their autonomy and efficiency are limited –
especially when these limitations become complex due to supranational tendencies.
So, when the circumstances are favourable, these states tolerate the regulations
and bureaucracy. But when the situation is less optimistic, they start defying the
core values of the liberal democracy.
During the last two decades, the world has seen major developments for internal
and external conflicts in many regions. After the civil unrests and insurgencies
subsided, these states entered the difficult phase of transiting to secure and stable
environment. These transitions – usually handled by states at their own – deviate
from contemporary “liberal” or “post-liberal” ideologies. 26 There is little academic
focus on domestic illiberal governance and state-building of South Asia, due to the
focus on prominent cases in Africa, Europe and Afghanistan etcetera. The illiberal
norms are facing an increasing diffusion with liberal norms due to their practice by
the governments of developed world. Policies of superpowers are aligning more with
the ideals of illiberal peace-building.27 The cases of Russia, USA, China and
22
Popper, Karl, “The Open Society and Its Enemies”. Routledge - 2002.
23
Thomas J. Main, “The Rise of Illiberalism”, Brookings Institution – 2021.
24
Lorenz, Astrid, and Anders, Lisa H. “Illiberal Trends and Anti-EU Politics in East Central Europe”.
Springer Nature - 2021
25
Thomas J. Main, “The Rise of Illiberalism”.
26
Vail, Mark I. “Liberalism in Illiberal States: Ideas and Economic Adjustment in Contemporary
Europe” - 2018.
27
Thomas J. Main, “The Rise of Illiberalism”.
 8

Hungary encapsulate a variety of government leaning almost similarly towards

illiberalism. Most of these examples relate to semi-democratic or democratizing
governments which do not show direct confrontation with the human rights
frameworks. Instead, illiberalism is seen dominating indirectly behind the issues of
security, development, politics and external interactions.28
2.3 Contextualizing Illiberalism in South Asia
Governance is perceived differently in different parts of the world. South Asian
perspective on governance is a blend of cultural, ethnic and religious ideologies.
These ideals are routed through the democratic framework and thus result in a
variety of models of governance.29 The leadership that emerges from within the
society brings forward similar tinge of liberal or illiberal values. Populism and
nationalism emerge to be common characteristics of South Asian governance.
Moreover, motives and perspectives of governing elites relate to each state’s
historical and ideological underpinnings.30
While culture and traditions play a big part in South Asian societies, religion
has always been a unifying or dividing force. It has been a reason of conflicts and -
to a lesser extent – of peace too. Almost every nation either had to grapple with or
continues to deal with various security issues. Hence, governance in the region is
mostly security-driven.31 Furthermore, it revolves around basic developmental
necessities as majority of population lives in vicinity of the poverty line. Therefore,
the level of liberalism and individual rights in the region is at the opposite end of the
spectrum in comparison with the West. Perspective of the people and the
governments about liberties differs and is not represented at institutional or political
level like the West.
Such perspectives are shared across the region – may it be a secular
nationalistic democracy or ethno-religious democracy. To come into power and to
sustain governance the political elite requires the populist support from the society.
This affects the adherence of laws, transparency of actions and holding morality
above the victory. Recent political history of the region and social class structure also
impacts how liberties are perceived in the region. This can be seen in attitudes and
political culture of state institutions and systems. Education systems also hampers
the progress of these societies towards forming a well-developed political system.
Lastly, a common issue across South Asia remains the lack of internal audits,
catharsis and scholarly work to seek further improvements.32
In the start of the previous decade, western observers were optimistic about
the progress of South Asia towards liberal governance. For instance, in a New York
Times article, South Asia was referred to as “a region tottered towards democracy”.33
28
MacDonald, Malcolm N., “The Discourse of Security”.
29
Jalal, Ayesha. “Democracy and Authoritarianism in South Asia: A Comparative and Historical
Perspective”. Cambridge University Press - 1995.
30
Ibid.
31
Qian, Feng. “The Predicament and Solution of Security Governance in South Asia”. Journal of
China and International Relations 5/2 - 2017
32
Jalal, Ayesha. “Democracy and Authoritarianism in South Asia”.
33
Barry Ellen, Article with the same title in “The New York Times” – 27 November 2013.
 9

But now this optimism has turned into fears of illiberalism due to two main factors:
firstly, the compulsion of security, and secondly the wish for stability. Sri Lanka saw
the return of Rajapaksa and his authoritative style of governance – cheered by
Buddhist nationalists and feared by others. In Bangladesh, the hopes of multi-party
politics diminished after an overwhelming third success of Sheikh Hasina. India saw
a retreat from liberal democratic values under Prime Minister Modi – who is labeled
by many as a Hindu nationalist.34 Maldives’ last parliamentary elections were an
exception to this broader regional pattern – in which the liberal Maldivian Democratic
Party succeeded. Whereas, Imran Khan’s success in Pakistan is definitely not a
guarantee towards liberalism – but is at least an insurance of resistance against non-
democratic rule in the country. Considering these examples in context, it can be
stated that the majority in these countries voted for illiberal leaders, because the
liberal leaderships could not perform.35

34
Doorenspleet, Renske, and Jeffrey Haynes, “Deviant Democracies in Routledge Handbook of
Democratization” - 2018.
35
James Crabtree, “South Asia's turn to illiberal democracy”.
 10

CHAPTER – 3
MANIFESTATION OF ILLIBERALISM IN PAKISTAN
(CASE STUDY – I)
3.1 Introduction
Islamic Democratic Republic of Pakistan is one of the two nuclear powers in
the South Asian region. Despite being an independent nation since 1947, it has
been categorised as a partly free country by many independent observers.36 Since
its creation the nation has been mired by numerous challenges to deal with the
internal and external pressures. It has struggled to establish its state institutions and
governing bodies to govern the diverse populace of the country. Multiple factions of
society with their close-to-heart historic lineages have had trouble to co-exist due to
many trivial and some major differences. The political history and demography have
contributed significantly in the continuous rise of intolerance and decline of liberties
over the past few decades.37 To understand how illiberalism manifests in the
country, it is important to discuss its recent democratic history.
Since its inception, Pakistan has seen alterations of military and civilian
governments, and a pattern can be seen in these cycles. Initially, civilian
governments took the lead but failed to deliver on high hopes and expectations of a
newly born nation.38 This resulted in population turning to armed forces to come as a
saviour for the nation. However, like the civilian governments, military regimes also
could not live up to the hopes of the country and people turned yet again to the
fewer available options for democracy. Amid these civil-military alterations, the role
of public opinion and its manipulations by various regimes played a crucial role. 39
Such patterns of civil-military governance in Pakistan repeated for decades, until
2008. Which appears to be pivotal in country’s democratic history. Since then, the
Military is not visibly and contentedly controlling the governance. 40 However, it still
plays a significant role for two aspects: foreign policy and security. The majority
opinion has now tilted significantly towards democracy over the military regimes.
This has been demonstrated year after year by polls and surveys conducted by
independent bodies.41
3.2 Recent Developments

Pakistan saw stability in its politics during the period between 2008 and 2018.
The two main political parties of Pakistan Muslim League (Nawaz Group) or PML-N
and Pakistan People’s Party or PPP completed their five-year terms in power. 42
These parties implemented some reforms at the federation level. These reforms

36
Terminology used by Freedom House; a non-partisan research organization based in Washington.
37
Ispahani, Farahnaz. "Pakistan's Descent into Religious Intolerance." Current Trends in Islamist
Ideology – 2017.
38
Jaffrelot, Christophe, “The Pakistan Paradox: Instability and Resilience”, Oxford University Press –
2015.
39
Ibid.
40
Hilary Synnott, “Transforming Pakistan: Ways Out of Instability”, Taylor and Francis – 2012.
41
Gallup Poll of June 2016, wherein 84% favoured a democratic government in Pakistan.
42
Farida Jalalzai, “Democracy in South Asia: India and Pakistan”.
 11

included the 18th amendment (in year 2010)43, devolving power to the provincial
governments (PPP) and massive infrastructure development including the projects
for China-Pakistan Economic Corridor (PML-N). These moves were appreciated and
termed as good steps for national stability.44

However, by the start of year 2018, both parties were blamed for a number of
corruption cases and bad-governance during their tenures. This gained momentum
after the ex-Prime Minister (PM) Nawaz Sharif was disqualified. The options
available to the people of Pakistan for elections of 2018 were limited. By the end of
elections, Imran Khan won by a narrow majority – and promised to eradicate
corruption and poverty from the country along with the restoration of lost pride of the
nation.45 By late 2020, his government faced increased criticism too – from an
alliance of all opposition groups Pakistan Democratic Movement (PDM). Imran Khan
was accused to have been selected by the powerful military, instead of being
elected to the office.46 As per some commentators, PDM came into being after a
stringent audit of previously free mafias and against corruption by the main
figureheads of the opposition parties.47

3.3 POLITICAL LIBERTIES

While freedom of population is mainly visible in the civil liberties, it is the

political machinery which define the level at which these liberties can be exercised.
The three aspects namely: legitimacy of electoral process, political pluralism and
functioning of governance will be discussed for these political liberties.

3.3.1 Legitimacy of Electoral Process

A lot can be determined by examining the electoral process of any nation.

The opaqueness or transparency in this process helps understand the not-so-visible
factors behind the state behaviours and policies. This sub section will discuss the
election of the head of the state and electoral framework of Pakistan.

As per Pakistan’s constitution, the PM has the greatest executive authority

and is responsible to country’s bicameral parliament. The President holds a
figurative position and is chosen by an electoral college (chambers of the parliament
and provincial assemblies).48 The current President Arif Alvi, nominated in 2018 by
Pakistan Tehreek e Insaaf (PTI), which attained highest number of National
Assembly seats in the 2018 elections and formed a coalition government. However,
after the elections a widespread uproar raised questions about the legitimacy of the

43
Khosa, Sameer, “Judicial Appointments in Pakistan: The Seminal Case of the 18th Amendment”,
Oxford UP, 2018.
44
Muhula, Raymond. “Pakistan at 100: Governance and Institutions”. World Bank - 2019.
45
Ibid.
46
“Pakistan Opposition Leaders Predict Doom for PM, Government”, BBC Monitoring South
Asia (London) 5 March 2021.
47
News Desk, “Mega Corruption Cases Being Taken to Logical Conclusion: NAB”, Daily Times
(Lahore, Pakistan), March 8, 2021.
48
Hoodbhoy, Nafisa. “Aboard the Democracy Train: A Journey through Pakistan's Last Decade of
Democracy”. London: Anthem, 2011.
 12

polls – quoting involvement of the military and judiciary in hampering other parties’
efforts. Judiciary was blamed to unduly frame PML-N leadership in multiple charges.
Whereas others claimed that media and other aspects were hampered in the name
of security issues and policing to ensure that Khan wins a majority.49

Election Commission of Pakistan (ECP) administers the elections in the

country. Government and opposition select serving or retired judges as members of
ECP after consultations.50 The electoral laws are fairly established and disputed
matters can be taken to courts without much hassle. While international observers in
2018 did not show major concerns over the implementation of electoral laws, there
were some areas of concerns. For instance, ECP did not deny the indirect
manipulation of campaign environment by non-political elements. Human Rights
Commission of Pakistan pointed to “judicial activism” against non-PTI leaders, which
resulted in disqualifications. Many voiced concerns over abuse against media
personnel, who favoured PML-N or PPP.51 Some other persistent issues are: a low
number of voters registration, non-existent moral requirements for candidates and
status-related issues for minorities.
3.3.2 Political Participation and Pluralism
There are a number of parties and independent candidates in the political
landscape of Pakistan. These parties and candidates compete vigorously in election
and their representation in the parliament and legislature varies. 52 The competition is
hampered by the benefits of patronage networks. It has become more visible over
the past few elections that the leverage available to candidates is directly related to
their links with non-electable instruments of the state. 53 Thus, the opponents can be
undermined in a number of indirect, legal or extra-legal ways. Due to such
allegations against Imran Khan, opposition parties formed PDM in October 2020.
PDM contested a number of results – which received a mixed reaction domestically
and internationally.54
Availability of fair opportunities to opposition parties is a significant factor in
every democracy. In Pakistan, an erstwhile opposition party was able to come into
power for last three times. This denotes that the party in rule is not unduly
advantaged by their authority. However, there is more underlying complexity to this
situation. The armed forces are viewed as more influential than the elected
appointments or leaders. The judiciary is also known for their political biases.
Therefore, support from non-elected entities is considered essential for every party
competing for power. Although this ensures a counterbalance to the alleged
opaqueness of political parties and their biased agendas, it undermines the
uninterrupted and fair opportunities available to all political parties. 55 During the year
2020, the two main opposition parties, faced a huge number of cases against their

49
Dr Ikramul Haq, “Elections, Corruption & Voters”, Daily Times (Lahore, Pakistan), March 6, 2021.
50
Election Commission of Pakistan, “Election Rules – 2017” (Amended in February2020), ECP Press
Islamabad.
51
BBC World Report, “Viewpoint: Pakistan's dirtiest election in years”,
https://www.bbc.co.uk/news/world-asia-44923565, 23 July 2018.
52
Waseem M., Marium Mufti, “Religion, politics and governance in Pakistan”, University of
Birmingham - 2009.
53
Hoodbhoy, Nafisa. “Aboard the Democracy Train”.
54
“Country Report Pakistan - November 2020”. London: The Economist Intelligence Unit N.A.,
Incorporated, 2020.
55
Ibid.
 13

leaders and their families. These cases were mostly for corruption, violation of
regulations, and unauthorized political demonstrations. Likewise, the National
Accountability Bureau (NAB) kept their senior leadership embroiled in hearings and
notices.56
The electoral framework of Pakistan enables participation of religious
minorities in the voting with an adequate representation through a pool of seats in
both provincial and national assemblies. Yet, their participation remains borderline
due to various factors. Non-Muslims are left with little choice to select their
representatives because nomination is done by the respective parties to the
reserved seats and independent candidates have little chance of success. Factions
such as Ahmadis, are somewhat discriminated being on a different constituent
category.57 There are active women’s wings in almost all parties during the polling,
but there are numerous real-world limitations for women voting, particularly in
underdeveloped areas. With a few exceptions – women don’t usually attain a leading
role in the politics or governance. Similarly, elected officials don’t sufficiently
represent the LGBT and other segments of society for ideological and religious
reasons.58
3.3.3 Functioning and Transparency of Governance
Officially the cabinet and Prime Minister of Pakistan devise the policies after
consulting with the Parliament. On ground, this has been questioned throughout the
history of the nation, due to a complex civil-military equation and role of national
security landscape.59 With numerous allegations on civilian establishments of the
past for mismanaging the economy, national security policy and foreign policy – the
military enjoys a primacy for relations with regional and global stakeholders as well
as on matters pertaining national security. It has been stated by observers that civil
administrations which strived to work independent of the military, faced acute
problems in governance.60 Moreover, since the assumption of the office by Imran
Khan both the civilian and military establishments have aligned themselves. The
extension in the term of Chief of the Army Staff (COAS) in the office, however, was
not received well by most and was seen as the assertion of the military
administration.61
Pakistan has moderate and liberal regulations regarding use of public money,
law-making and routine governmental processes. The current Government has also
started some initiative – such as citizen portal – to be at par with global standards.
An outdated law (since 2002) was updated by the Parliament into the “Right to
Access of Information Act” and inconsistent implementation of such rules was
addressed through establishment of provincial “Information Commissions”. 62 Any
citizen can enquire departments for governance related information and can
complain to these information commissions, if needed. While there are mechanisms
56
Dr Ikramul Haq, “Elections, Corruption & Voters”.
57
Qasmi, Usman. “The Ahmadis and the Politics of Religious Exclusion in Pakistan”. South Asian
Studies, Anthem - 2014.
58
Jain, Dipika, and Debanuj Dasgupta. "Law, Gender Identity, and the Uses of Human Rights: The
Paradox of Recognition in South Asia." Journal of Human Rights 20/1 - 2021.
59
Jameel M., Hussain A., “Good Governance and Public Trust: Pakistan”. Journal of Local Self-
Government (Lex Locale), Volume 17/2 – 2019.
60
Dorronsoro, G., Grojean, O. “Identity, Conflict and Politics in Turkey, Iran and Pakistan”. Oxford
University Press - 2018.
61
“Pakistan military will repel threats to its authority”, Expert Briefings: Oxford Analytica - 2020.
62
Lenhardt, A., “Parliamentary Strengthening to Improve Accountability and Responsiveness in
Pakistan”, Brighton, UK: Institute of Development Studies - 2020.
 14

in place, there exists a huge disparity between such rules and their practice. Many
bold civil society groups and media often debate government’s actions and policies.
But sensitive discussions and debates (particularly related to national security) are
controlled as deemed appropriate to authorities. Similarly, the effectiveness of
country’s regulatory agencies for procurement and audits (for instance assets of
parliamentarians) often comes under scrutiny by neutral observers. 63 The military
remains one of the most objected body of the government – and due of their nature
of operations, intelligence agencies are called out for not disclosing information to
public.
3.4 CIVIL LIBERTIES
Civil liberties are the visible depiction of liberal or illiberal inclination of any
country. This section will discuss the four main tenants of civil liberties namely:
freedom of expression, associational rights, rule of law and individual autonomy.

3.4.1 Freedom of Expression and Beliefs

During the past 20 years, a more dynamic and diverse media industry could
evolve in Pakistan. This has resulted in a variety of mediums of expression and
infotainment. However, media has not been free of controls and undue curtailments.
This was seen even in the past year, where the authorities beleaguered concerned
media elements (individuals and / or organisations) for their allegedly inappropriate
activities and products. This was done in a number of ways, to include: the
withdrawal of government-sponsored ads, imposition of penalties and temporary /
permanent bans through the Pakistan Electronic Media Regulatory Authority
(PEMRA).64 A number of incidents of enforced disappearance and murders of media
personnel were also reported. In addition, trolling and harassing of the journalists
critical of the government was also on the rise. PEMRA also banned coverage of any
leaders in exile (for instance Nawaz Sharif’s speeches from London). Lastly, free
access of media for certain regions is restricted due to security concerns – thus
journalists are torn between extremist / non-state groups and the government to
cover or not cover certain sensitive news and information.65
Probably one of the worst areas of civil liberties in Pakistan is the individual or
communal practice of the religion. As, the written laws or constitution have remained
unsuccessful to guarantee the religious freedom. There have been numerous
incidents of discrimination, violence and prejudice against religious minorities.
Almost no safeguards were effective against vulnerability of minorities from forced
conversions, sectarian discrimination, disputes and exploitation of blasphemy laws
by vigilantes.66 This is compounded by the regional or global discrimination of
Muslims elsewhere – which provokes the mobs against Christians, Hindus and
Ahmadis, resulting in fatalities and incidents of violence. For example, in 2020 four
members of Ahmadiyah community were murdered in possible cases of religious-

63
Ibid.
64
Ashraf, Atif, & Ghulam Shabbir, “Impact of Political Environment on Media Freedom in Pakistan”,
South Asian Studies 34/1 - 2020.
65
Bhatti, Ahsan & Khan, Ashraf, “Freedom of Press in Pakistan and India: A Comparative
Analysis”, Pakistan Journal of Social Sciences 40/2 - 2020.
66
Mehfooz, Musferah, “Religious Freedom in Pakistan: A Case Study of Religious Minorities”, in
Religions, Volume 12 /1 - 2021.
 15

violence. Moreover, a Hindu temple was damaged by furious mob in the province of
KP.67
Since 2016, Pakistan Telecommunication Authority (PTA) has gained
exceptional control over the country’s internet traffic. A lot has been done to track
and block unwanted material – generally for the intent of safeguarding against
blasphemy and pornography. However, the mandate and management of the board
is very loosely defined and results in an “arbitrary censorship in favour of state,
judiciary or armed forces”.68 Most recently, a number of restrictions were imposed on
media organisations. These obligations require these companies assist the
authorities in further control and demand for a physical footprint in the country. Fines,
bans and interrupted services can be a consequence for non-implementation. The
media alliances and the civil society of the country expressed strong criticism about
the limitations. Other factors, such as unaccountable handling of blasphemy and
illegal violence, are also detrimental to free speech in the country.69
3.4.2 Associational and Organizational Rights
Free assembly and gatherings remain adequately common in Pakistan. The
law allows this right and the public has often exercised it to express majority opinion.
However, the authorities have used the regulations multiple times to restrict any
activity deemed a threat to law and order. The demonstrations organised by the
opposition parties were restricted by rendering the roads and routes inaccessible.
Most of these events still occurred despite the dispersal of many non-violent
assemblies in Lahore, Karachi and Islamabad. 70 Similarly, many religious leaders
provoked the people not to adhere to the COVID lockdown restrictions. This resulted
in clashes between the public and police who tried to regulate them.71
Like many previous authorities in Pakistan, the present administration also
continued a clampdown against the Non-Governmental Organizations (NGOs)
operating within the country. This included domestic and international NGOs facing
invasive scrutiny and screening by multiple agencies due to inclusion of Pakistan in
Grey List by FATF.72 Even for most-trivial of the activities by the NGOs necessitate a
“No-Objection Certificate” from authorities. In year 2020 alone, over 65% of accounts
and financial services of NGOs were blocked by the provincial authorities of KP.
However, the situation is not only due to the illiberal tendencies of the authorities and
people in power. Rather, this is a dire necessity to curb the financial support to
terrorists and extremist organisations – which is found to be channelled through
means such as NGOs.73
The ability of labourers / workers to constitute unions is permitted by the
national laws in Pakistan. Moreover, country’s constitution gives such civil groups the
leverage of negotiation and even to organise peaceful strikes. However, these
67
Ibid.
68
Sharif, S., and Jafar Kataria, “Freedom of Expression and Justiciability in Pakistan”. South Asian
Studies 34/1 - 2020.
69
Abbas, Zafar, and Muhammad Zubair, “Freedom of Expression under Censorship is a threat to
Democracy”. Dialogue (Pakistan) Volume 15/1 - 2020.
70
Ullah, Y., M. Ahmad, and S. W. Azim, “Politics of Protest in Pakistan” - 2020.
71
Abdullah, M., “The Social Impacts of Lockdown in Pakistan in COVID-19”, Academy of Social
Science Journal Volume 5/7 - 2020.
72
Butt, Ibtisam, Azhar Rashid, and Salman Khan, “Pakistan Initiatives and Endeavours Tocounter
Money Laundering and Terrorist Financing: FATF Perspective”, Pakistan Vision 21/1 - 2020.
73
Wasif, Rafeel. “Does the Media’s Anti-Western Bias Affect its Portrayal of NGOs in the Muslim
World? Assessing Newspapers in Pakistan”, International Journal of Voluntary and Non-profit
Organizations 31/6 - 2020.
 16

liberties are neither adequately implemented nor properly practised due to lack of
awareness amongst the public and lack of accountability of private sector (which
holds approximately 75% of the workforce). Therefore, only improper measures exist
for such strikes or functioning of the unions and such protests often end in squabbles
with law enforcement agencies and suppression by the private sector elites.
3.4.3 Rule of Law
The judiciary in Pakistan is one of the strongest non-elected body. It had a
huge role in the country’s democratic history like the other stakeholders. It still
remains largely politicized and has been blamed for issuing verdicts in favour of the
side in power.74 Most recently, the disproportionate cases against opposition and
apparent bias of judiciary towards PTI was criticised by various commentators.
Pakistani judiciary let itself to be used as an instrument of state’s political competition
instead of being a non-aligned element of democracy.75 Also in the same year,
Justice Qazi Faiz Isa (of the Supreme Court of Pakistan) was accused of owning un-
declared property abroad. Pakistan’s Law Minister represented the state to try
Justice Isa after having demoted from his designation. This was labelled as a blow to
the independence of judiciary by another Supreme Court justice. 76 Apart from these
irregularities at the higher rung judiciary is also struggling due to organised
corruption, huge number of unresolved cases, very low rates of convictions and a
prevailing mistrust of people.
The easy access to the processes for crime and policing is directly linked to
the aforementioned judicial and court system. In Pakistan the department of Police
(Punjab, KP, Sindh or Balochistan) has been blamed for unfair management and
less credible dealing of grievances related to crimes. This is particularly true for
handling of terrorism-related cases.77 The validity of military courts – which were
established to empower armed forces legally in dealing with civilian persecutions –
lapsed in year 2019. However, in matters of national security selective trials (primarly
for military personnel) were still exercised under the Army Act provisions. 78
Subsequent to FATA merger with KP in 2018, Pakistan Penal Code could be applied
to these former tribal areas as well – enhancing reach of the due processes.
Similarly, for the first time ever, a proper Policing body was established in tribal
areas, instead of legacy system of Khasadars.79
Terrorism had adversely affected the country in the past two decades. At the
apex of such incidents of violence in year 2009, approximately 12,000 fatalities
occurred. Ever since, due to strong response by the government and resilience of
the people, such casualties came to the lowest point of approximately 400 in year
2019.80 Large-scale attacks and casualties happened far lesser in the previous year.
Only two such incidents were suspected to be conducted by Islamic State (killing 8
and 15 people).81 Although situation is now far stable in the country, the civilians are
74
Khosa, Sameer, “Judicial Appointments in Pakistan”.
75
Dr Ikramul Haq, “Elections, Corruption & Voters”.
76
Mehmood, Sultan, “Judicial Independence and Development: Evidence from Pakistan”, Aix-
Marseille School of Economics - 2020.
77
Kahlon, Tahir Ul Mulk, “Policing the Police: A Democratic Exiguity in Pakistan”. Institute for Strategic
Studies Research and Analysis, Pakistan – 2020.
78
Khan, Haroon, Najib Ullah, and Nazim Rahim, Military Courts: “Credibility and Capacity Implications
for Superior Judiciary of Pakistan”. Global Legal Studies Review 5/1 - 2020.
79
Ahmad, Sohail. "The FATA merger with Khyber–Pakhtunkhwa: Governance challenges and
development opportunities." Perspectives on Contemporary Pakistan, Routledge - 2020.
80
Pakistan Institute for Peace Studies, Pakistan Security Report - 2020.
81
Ibid.
 17

not entirely protected from multifaceted threats. This is due to a combination of

violence by non-state actors, lack of due processes and alleged extra-judicial
activities by state actors. Typically, the issues were raised for state holding people
from KP, former FATA or Balochistan for long periods without judicial processes. The
agencies claim to do this on suspicion of terrorism and anti-state activities.
Authorities have created commissions to resolve such cases (4,798 out of 6,921
cases resolved in year 2020).82 However, independent observers criticise the
government for unfair handling and vulnerability of such commissions to political
biases.
There are huge concerns about equality of various segments of society in
Pakistan. Not only the practices, the respective policies and legalities also fall short
in addressing the discrimination against women, minorities, refugees and LGBT+
community.83 For instance, there exists an inherent impunity in the social and legal
system for the men who subject women to many types of abuses like domestic
violence, honour killings and forced marriages etcetera. Despite the support in
written legal framework, gender discrimination is rampant in jobs, businesses and
employment.84 Other groups of the community – especially the minorities – even face
systematic discrimination and laws do not provide adequate protection to them.
Pakistan Penal Code has punishments even for consensual physical relations
amongst LGBT+ people being “against the nature”. While not exercised in practice,
such legal points are difficult to amend due to societal pressures and affects these
communities’ identities and abuses against them. Similarly, intersex and trans-
gender communities have an extremely difficult place in the society and have
severely limited rights and liberties.85
3.4.4 Individual Rights and Autonomy
Generally, the population can exercise their rights to move anywhere freely
within the country. Albeit, few legal constraints do exist for travelling and change of
dwellings, businesses and even place / institutes of education. Security is the main
pretext used to inhibit the freedom of movement by the government and its
agencies.86 This hinderance mostly remains against the internal moves. However,
movements involving exits from the country are controlled by the renowned “Exit
Control List (ECL)”. ECL prevents any individual from leaving the country via official
or proper channels. While the main purpose of ECL remains the restriction of
movement of offenders, it also serves political and unfair motives of authorities when
exploited.
Despite support from the legal frameworks for the individual rights of
ownership, a fragile implementation of regulations and corrupt mafias make the
situation hopeless.87 Discrimination of gender in inheritance laws, organised land

82
Fazi, Muhammad Abdullah, "Enforced Disappearances and Constitutional Guarantees in Pakistan:
A Human Rights Perspective." European Journal of Social Sciences 59/3 – 2020.
83
Jaffrelot, Christophe, "Minorities Under Attack in Pakistan”. Minorities and Populism–Critical
Perspectives from South Asia and Europe, Springer - 2020.
84
Sobana Hameed Arshad, “Gender Discrimination and Job Satisfaction”. International Journal of
Scientific Research and Management Volume 8/5 – 2020.
85
Jaffrelot, "Minorities Under Attack in Pakistan”.
86
Pakistan Security Report – 2020.
87
Raza, Shozab. "Between militants and mafia”, Ethnography Volume 1/21, University of Toronto -
2020.
 18

grabbing, mistrust in financial environment and interference by corrupt mafias are the
significant reasons behind this precarious situation in Pakistan.88
The essence of a liberal society manifests in personal social freedoms of each
individual. These include trivial choices e.g., appearance, as well as life-long choices
e.g., marriage etc. With increased awareness and urbanisation of the country,
majority of the areas provide these personal freedoms to people. 89 These people can
practice their choices and can approach law if needed. However, the vast
underprivileged majority is subjected to undue control over their personal behaviours
and choices.90 Despite growing awareness about these issues, these crimes against
personal freedoms continue to happen and mostly go unreported. For instance,
despite abolition of the bonded labour and laws against child labour, economic
exploitation of the poor and tough labour conditions persists. 91 Minimum wages of
labour remain far below the internationally accepted standards and opportunities are
restricted through unethical means and indebtedness (especially in the construction,
agricultural and industrial sectors).92
3.5 What’s Next for Pakistan
Considering the factors and state of liberties, the future of liberal values in
Pakistan doesn’t look promising at the moment. Technically, the democracy is at its
best in the entire history of the country – as parties are governing for full tenures and
elections are being held. However, the implementation of measures towards
progress still remains inadequate. Country’s political system and its relationship with
the military remains a key issue. This balance has to come within and by greatly
improving the political landscape. Paradoxically, the stability required to do that will
also emanate from the security of the nation – provided by the military. 93
Awareness and improvements for country’s parliamentary system is another
key area. All in the hierarchy need to actualize their rights and responsibilities and
legislation needs to become a mainstream process instead of a part-time job. The
legislative activity will be key to institutionalizing the evolution process as visible in
Western democracies. However, one of the biggest issues amongst Pakistani
liberties remains the societal freedoms (in particular of religious minorities and
media). The people and even the authorities see media as partisan entities – who
are biased towards their self-interests. This is true to some extent and media needs
to hold its moral high ground to prove its unbiasedness to domestic and international
audiences. Similarly, concrete steps are required to address issues pertaining the
minorities and marginalized factions of the society.

88
Ibid.
89
Jain, Dipika, and Debanuj Dasgupta, Law, Gender Identity, and the Uses of Human Rights.
90
Ibid.
91
Arslan, Muhammad. "Mechanisms of labour exploitation: the case of Pakistan", International Journal
of Law and Management - 2020.
92
Ibid.
93
Wolf, Siegfried O. "Development Versus Democracy? The CPEC and Civil-Military Relations in
Pakistan", Springer, Cham - 2020.
 19

CHAPTER – 4
MANIFESTATION OF ILLIBERALISM IN INDIA
(CASE STUDY – II)
4.1 Introduction
India is the largest democracy in the world and while it’s the 2 nd most-
populous country now, it is projected to surpass China in terms population by 2027. 94
It is a unique example of history, diversity, demography, governance and society.
The inherent complexity of its make-up and its size make it difficult for the authorities
to regulate the variety of factors in its governance. Its shared borders, roots in
ancient civilization, geopolitical situation, and ambitions of becoming a global player
add to the challenges of statehood for the government. 95 Its progressive economy
and the domestic politics have direct bearing on political and civil liberties in the
country. India’s thriving media and IT industries are double-edged swords for
country’s practice of democratic values.96
In contrast to Pakistan, democracy and political governance in India have
remained stable since its inception. While the foundations of Indian democracy rest
on certain principles, the main tenants driving it in recent times seems to be the
nationalistic majority and populism. It is not the first time that such a character of
Indian democracy has become significant. Some commentators draw converging
comparisons of today’s India with Indira Gandhi’s rule for 16 years (January 1966
and October 1984).97 Though, for different motives and ideologies, two most popular
leaders had similar effects on the liberties of people and institutions. From state of
media, judiciary and legislation to implementation of controversial laws, there exist
striking similarities between Indira’s era post 1970s and post-2014 Modi era. 98 The
strong shell of democracy in the country remains constantly pressured by its internal
fault lines of polarised politics. Such divisions present themselves as not only the
risks but opportunities for India ruling elite to steer the nation in any intended
direction.
The existing political system and laws in India guarantee the individual and
communal liberties. Yet, there are huge concerns of independent observers over the
declining levels of liberal practices in the country. 99 These concerns relate to the
policies of government that discriminate against multiple factions of the society (in
particular against the critics, scheduled castes and tribes, as well as NGOs etc).
Moreover, academics and journalists are also subjected to crackdowns for
expressing dissent against these practices and policies.100
4.2 Recent Developments
94
UN Department of Economic and Social Affairs’ reports on World Population Prospects
complemented by Institute for Health Metrics and Evaluation Report – 2020.
95
Mira Kamdar, “India: In the 21st Century”. What everyone needs to know Series – Oxford University
Press – 2018.
96
Ibid.
97
Farida Jalalzai, Democracy in South Asia: India and Pakistan.
98
Ibid.
99
Sumit Ganguly, “An Illiberal India?” Journal of Democracy, John Hopkins University - 1/2020.
100
Ibid.
 20

Despite being a democracy with multiple political voices, the current BJP
government has shown nationalistic approach, providing patronage to illiberal
elements. Violations of the rights have been notably amplified in Modi’s
leadership.101 During the past year alone, many key events denote a sharp increase
in illiberal incidents. These include: over 50 fatalities in communal violence, misuse
of sedition laws against criticism of the government, and racist vigilantisms in the
garb of pandemic restrictions.102 Apart from the other states, the autonomous region
of Jammu and Kashmir saw a particular worsened situation. This was indicated by
the change of regional status, delay and abolishment of elections, mass-detentions,
communication blackouts and seizure of routine functions of life.103
In line with the case study, these factors will be examined under two main
aspects, namely: political liberties and civil liberties.
4.3 Political Liberties
4.3.1 Legitimacy of Electoral Process
India’s executive authority lies with its Prime Minister who is normally the head of the
party with majority seats in “House of the People” or Lok Sabha and the Cabinet.
The ministers in the cabinet are appointed by the President but chosen by the PM.
PM Narendra Modi got elected for a second time in office in 2019, whereas
President Raam Nath Kovind assumed office in 2017. The President of India, too,
has a figurative role and the selection is done by law-makers (usually from the ruling
party). For many decades now, India has had a smooth transition (albeit with
traditional domestic political wrestling) from one head of the government to
another.104
The Election Commission of India (ECI) oversees the states’ as well as
central elections and the president selects the chair of the ECI for a period of six
years. The commission is considered to be a well-respected body, which operates
beyond most biases and interferences. But recently, its credibility became doubtful
and its fairness was questioned for its biasness towards the ruling party. The ECI
panel was criticised for the timeline and phases of national elections of 2019. It was
also blamed for targeting the campaign of certain parties in the garb of Model Code
of Conduct – in the favour of BJP.105
4.3.2 Political Participation and Pluralism
Political groups are at liberty to form and organize any number of parties to
compete in politics. Numerous parties therefore exist and participate in domestic
politics. However, big and influential parties have their nuisance over the smaller or
emerging groups. Furthermore, the use of “electoral bonds” by donors allows them to

101
Ashutosh Varshney, “Narendra Modi’s illiberal drift threatens Indian democracy”. Financial Times,
Opinion – 17 August 2017.
102
Sumit Ganguly, “An Illiberal India?”.
103
Wani, Aijaz Ashraf, Imran Ahmad Khan, and Tabzeer Yaseen. "Article 370 and 35A: Origin,
Provisions, and the Politics of Contestation", Society and Politics of Jammu and Kashmir. Palgrave
Macmillan - 2021.
104
Sakshi Rathi, “Concept of Indian Democracy and the Emerging Challenges to its Democratic
System”. Mukt Shubd Journal IX/VI, School of Social Science, New Delhi – 2020.
105
Dr. Vikash Kumar, “Electoral reforms in India: Needs, issues and challenges”. International Journal
of Political Science and Governance – 2020.
 21

hide their identity – and makes the funding of political parties very opaque. 106
Inversely, in the case of Jammu and Kashmir, all political activities halted after
unlawful detention of thousands of political leaders and members of Kashmiri parties
as well as the opposition Congress Party. Even the legislators and previous chief
minister were not spared from these detentions. This hampered Indian reputation as
a democracy at a regional and global level.107
Domestic politics in India gets really competitive and both governing and
opposing parties employ a range of tools to guarantee their success. Yet governance
is rotated almost regularly through different groups at all levels in successive turns.
For instance, BJP came to power in 2014 after a decade of rule by Congress. Modi
was again elected by a big lead in 2019 but the next year his party could not win in
Delhi regional elections. But the alliance won with a narrow margin in the region of
Bihar. As a general trend, the ruling parties have always enjoyed an advantage over
the opposition parties.108
A large number of minorities (ethnic and religious) and women vote in the
Indian national and local elections. For the first time in Indian political history, the
number of female voters was at par with male voters in 2019 national elections. 109
There are some real-world hindrances to minority representation in governance. For
example, Indian Muslims have 5% of seats against a 14% of the total population. 110
Recently, few steps taken by the Indian government severely impacted the rights of
some factions of its society. Creation of a “National Register of Citizens” and
adoption of “Citizenship Amendment Act” (CAA) in late 2019 was done to
marginalize the Muslims. The former declassified all Muslims without birth
documents (a disproportionately large number due to history of partition and
migration) as ineligible for Indian citizenship, whereas the latter provided easy
process to the non-Muslim immigrants for the same. This effect can be seen in many
states such as Assam.111 Similarly, in early 2020, the government eliminated
representative seats of European Indians from Lok Sabha as well as from some
states.112 The past constitution in Kashmir though allowed residents to vote (partially
freely) but residency and voting rights were never given to the Pakistani refugees.
4.3.3 Functioning and Transparency of Governance
The elected representatives and heads in India have a time-tested freedom to
devise and implement state polices or law. While this has kept the state-governance
stable and sustainable, it also gave huge leverage to the leaders to fulfil their
personal or party-agendas. A legal system exists for its people to obtain knowledge
of the state activities.113 However, this system in practice does very little to enable

106
Chakrabarti, K., & Bandyopadhyay, K. "Chapter 5 Populism in Contemporary Indian Politics". In
Populism in Asian Democracies. Leiden, The Netherlands – 2020.
107
Farooq, M., & Javaid, U., “Suspension of Article 370: Assessment of Modi’s Kashmir
Masterstroke”. Global Political Review, V(I) – 2020.
108
Beteille, Andre. “Society and politics in India: Essays in a comparative perspective”. Routledge -
2020.
109
Wallace, Paul, ed. “India’s 2019 Elections: The Hindutva Wave and Indian Nationalism”. Sage
Publications - 2020.
110
Mira Kamdar, “India: In the 21st Century”.
111
Chandrachud, Abhinav. "Secularism and the Citizenship Amendment Act". Indian Law Review 4/2 -
2020.
112
Wallace, Paul, “India’s 2019 Elections”.
113
Mathew, Meera. "Freedom of information, right to express and social media in India" Interactive
Entertainment Law Review 3/2 - 2020.
 22

that access to information. Few significant but non-practised acts for transparency
are: Whistle-blowers Protection Act (2014), Right to Information (RTI) Act (2005),
and the Lokpal and Lokayuktas Act (2014). These acts are not only very limited in
their scope but have been undermined by subsequent amendments over time 114.
Requests for information, complaints against corruption and other such interaction by
public are hugely ignored. Allegedly, numerous people who sought to use these
portals have been either harassed, assaulted or even murdered in the past. A
“Central Information Commission” was also created under RTI Act, but only half of its
positions remained filled in 2020 and that too by pro-government individuals. All such
platforms to provide information and address complaints were ineffective due to
sluggish response of various agencies.115
4.4 CIVIL LIBERTIES
4.4.1 Freedom of Expression and Beliefs
India is globally known for its vibrant and dynamic media as well as
Bollywood. While investigative journalism and enquiry into politics still happens,
freedom of media has been severely curbed under the current government. 116 All
sorts of laws (such as sedition, defamation and hate-speech) and discouraging terms
(such as “antinational media”) have been misused by the government to muffle the
criticism against it. In past year, the arrest of dozens of media personalities and PM
Modi’s indirect warning against spread of pessimism have put media under the
burden to admire the official management of the pandemic. 117 Attacks on media often
go unpunished and, in some instances, even garner the collusion of police. There
were two fatal assaults on journalists in 2020, five in 2018 and four in 2017. 118 Indian
government clamped down all domestic and international media activities in Kashmir
after the controversial revocation. Internet, landline and mobile phone services were
shut for majority of the year 2020. Many social media journalists such as Qazi Shibli
were detained and beaten till the end of the year.119
Despite being a country with Hindu majority (approximately 80%) India is
officially secular and the constitution guarantees religious freedom. But the present
government is blamed for supporting anti-Muslim views promoted by many
nationalist groups and media franchises. During BJP’s current tenure alone, more
than 45 murders and 120 cases of violence (including lynching) by cow-vigilantes
have been documented or reported.120 Muslims were also blamed for spreading
Coronavirus by BJP leaders. In September 2020, despite significant evidence, over
30 people accused to unlawfully demolish the historic Babari Mosque were
exonerated by a special court. This was preceded by inauguration of a Hindu temple
on the same site by PM Modi. The legislation in many Indian states proscribes

114
Ibid.
115
Jha, Himanshu, “Capturing Institutional Change: The Case of the Right to Information Act in India”,
Oxford University Press - 2020.
116
Prabhu, Nagesh. “Middle Class, Media and Modi: The Making of a New Electoral Politics”. Sage
Publications - 2020.
117
Ghumman, Umer Javaid. "Nationalism in Indian Politics during PM Modi Regime". Psychology and
Education Journal 58/2 - 2021.
118
Prabhu, Nagesh. “Middle Class, Media and Modi”.
119
Majeed, Tawseef, "Strategic journalism amid media repression in Kashmir". Media Asia, Taylor &
Francis - 2021.
120
Vajpeyi, Ananya. "Minorities and Populism in Modi’s India: The Mirror Effect." Chapter in, Minorities
and Populism–Critical Perspectives from South Asia and Europe. Springer, Cham - 2020.
 23

“forced” or “allured” religious conversions – which are understood vaguely and, in

some cases, can only be done with an approval by the authorities.121
The culture of the pre-partition Indian sub-continent was candid and well-knit.
It has altered little for the countries in the region today. Opinions and discussions are
predominantly free but invocation of outdated rules to curb free expression of
ordinary citizens against the authorities is also common. Numerous cases against
CAA protestors were filed in the name of sedition and mass-crime (for instance by
the Jharkhand state police against over 3000 individuals). Other such instances
include charging a Karnataka student for a “Free Kashmir” placard and arresting a
woman under the “IT Act” for allegations of propagating misinformation about
COVID-19. Such detentions for online discussions were done in many other states
(e.g., Mizoram, Uttar Pradesh and Rajhisthan).122
4.4.2 Associational and Organizational Rights
Restricted rights of assembly and protests remains one of the sore issues in
India over the past years. Government, in the past has multiple times blocked
communication and internet services to curtail protests. Number of peaceful protests
also declined due to ongoing pandemic situation. Bans on gathering were allegedly
used in the garb of COVID lockdowns to stop the widespread opposition of CAA and
national register between December 2019 and March 2020. 123 The threats to
assembly do not only come from the state but also from the targeted violence
against Muslims as well as in some cases against the Hindu protesters. In Jammu
and Kashmir, such gatherings are quite repeatedly banned. Even prior requests are
rejected and alleged separatist leaders are detained. 124 As a result, violent
confrontations happen frequently (over 50 days curfew in July 2019).
A large number and variety of NGOs work in India. Some of these – in
particular the ones working against the violations of human rights and liberties – are
subjected to legal and illegal threats, pestering, physical force and even fatal attacks.
The government has long exploited the “Foreign Contributions Regulation Act”
(FCRA), which was further amended last year without any civil consultation.
Authorities have been accused to undermine the functioning of opposing parties
through FCRA – thereby de-registering over 14000 NGOs. For example, “Amnesty
International” had to shut down itself in India in late 2020, as a consequence of
frozen accounts. The organisation is perceived to have been penalised for its
criticism of reorganisation of Kashmir and involvement of the Police in Delhi violence
against the Muslims in February 2020.
In principle, labour and workers can freely use their collective right to
negotiate and even go for strikes. However, government can prohibit some types of
strikes according to the “Essential Services Maintenance Act” and other such laws.
Civil workers can exercise even lesser organizational rights. Whereas private
workers are not legally bound to partake in such negotiations or unions etcetera. In a
recent example, thousands of farmers protested against the newly and swiftly
approved agriculture laws and reforms. These modifications were “market-based”
and were not received well by farmers since their approval.
4.4.3 Rule of Law
121
Ibid.
122
Maryam Azeem, “Restrictions on the Freedom of Speech and Expression and its effect on
Democracy” Pen-Acclaims Journal 10/2020, Aligarh Muslim University, India.
123
Alam, Mahtab. "Poetry of Resistance: From anti-CAA protests in India." Feminist Dissent - 2020.
124
Martin, Maya Rose. "Arbitrary Detention in Jammu and Kashmir."
 24

Indian judiciary is generally free from the politics and highest cadre of judges
exhibit independence – especially for public litigations. On the other hand, junior
cadres are affected by growing political influence and corruption. However, in the
past few years the ruling party was favoured in some Supreme Court rulings. This
includes denial of bail to a famous critic of the PM – accused of supporting a barred
Maoist organisation – as well as the ruling to build a temple on the location of a
destroyed historic mosque.125 A convergence of interest of ruling party and senior
leadership of judiciary was also seen when a Rajya Sabha seat was given to an ex
chief justice. A judge was also given a disadvantageous position as a consequence
of his ruling and criticism against hate-speech of BJP leaders and police’s role in
communal violence in Delhi.126 Likewise, courts in Kashmir function merely as an
extension of Indian civil and military authorities. Even if attempted otherwise, the
court orders are very frequently overlooked by security forces and the federal
government.
Indian population has to overcome significant hurdles for criminal justice,
including corruption, bribery and even registering the case with the police. Numerous
pending cases in the courts and under-staffed judicial system leave suspects
uncertain about their status. In some cases, resulting in longer detention than the
actual term upon timely conviction. Many laws enable imprisonments on mere
suspicions and undefined rules.127 In Jammu and Kashmir, the unpopular laws such
as “Armed Forces Special Powers Act” (AFSPA) and “Disturbed Areas Act” (DAA)
give undue authority to security personnel. People cannot use due processes to
challenge unwarranted searches of their homes, illegal arrests, destruction of their
property and even killings by security forces in suspicion.128
Many factors indicate a decline of protection for population from illegitimate
physical harm. Abusive behaviours with prisoners, rape/torture by government
officials and deaths in custody are common. In year 2019 over 1700 such deaths
occurred.129 Laws around the extrajudicial practices never get reassessed (for
instance, the bill against torture). Enhanced powers of security forces facilitate such
malpractices. In Jammu and Kashmir, since murder of Burhan Wani in 2016, the
situation remains violent till date. Non-state actors - such as Maoist rebels in the
east-central region and other insurgencies in the North-Eastern states - target
civilians with unlawful activities. These include illegal taxes, recruitment of minors,
disruption of day-to-day lives, displacement and even killings.130
While Indian constitution prohibits inequality and discrimination, the on-ground
situation is not encouraging. Clogged judiciary and security apparatuses are not
effective against marginalization of disadvantaged classes. Even today, some rural
areas of India are guided by unofficial councils – who issue their verdicts to
prosecute people for transgression of social norms. 131 These verdicts result in
125
Dr Rahul Tripathi, “Independence of Judiciary in India under Article 124 of Constitution: Study Of
Some Important Cases”, Mukt Shabd Journal, Amity University Rajasthan – May 2020.
126
Ibid.
127
Rajput B. “Criminal Justice Administration in India: An Overview. In: Cyber Economic Crime in
India”, Springer Series on Asian Criminology and Criminal Justice Research - 2020.
128
Hoffman, Bruce, and Haley Duschinski. "Between Freedom and Justice: Popular Protest and
Jurisdictional Contestation of Militarized Governance in Indian-Controlled Kashmir." Social & Legal
Studies 29/5 - 2020.
129
Yadav, Maneesh. "Judicial Activism, Prison Management and Prisoners’ Rights In India" Journal of
Critical Reviews 7/14 - 2020.
130
Hoffman, Bruce, and Haley Duschinski. "Between Freedom and Justice”.
131
Ibid.
 25

inequality and resentments – especially amongst the “scheduled casts” and women.
Moreover, recently Indian Supreme Court regarded Section 377 of the Indian Penal
Code as unconstitutional as it banned same-sex intercourse. However,
discrimination, harassment and violence against LGBT+ still continues.132
4.4.4 Individual Rights and Autonomy
There are no constitutional or legal restrictions on Indian citizens to live and
move anywhere in the country. Yet, in some regions this freedom is hindered due to
ongoing conflicts or communal oppositions. Many employers have been asked by
states to enrol local people – which have impacted the resettling and transit between
the various states. Due to COVID restrictions, a huge part of Indian population with
low-income jobs in the cities was adversely affected. Little to no financial help was
offered by the government to mitigate these compounding factors. 133 Similarly, in
Jammu and Kasmir, individual liberties were strictly curbed after imposition of harsh
curfews throughout the Kashmir in 2019. Movements in Kashmir are disrupted even
without the curfew due to the numerous road-blocks, CPs, and other such
impediments.134
Inheritance and ownership rights of Hindu and Muslim women are adversely
affected because of religious and cultural practices. In Jammu and Kashmir, due to
persistent conflict and militarization, owning businesses or property remains
insecure. Post-2019 revocation of autonomous status, even non-residents will be
able to own property in Kashmir. This puts the less-prosperous local populace and
businesses in a severely disadvantageous position.135
Personal liberties in India vary greatly on the basis of gender, caste and class
of the individual. Women from relegated groups of society are more vulnerable to
illiberal practices. Moreover, sexual abuses including rape are seriously affecting the
society and have raised concerns at domestic and international level. 136 Noteworthy
laws were enacted after 2012 demonstrations against a fatal gang-rape of a woman
on a bus. Yet, in 2020 the new cases are continually reported and the judicial system
continues to handle these matters poorly.137
Despite the constitutional bans on human smuggling and forced labour,
approximately 20-50 million labours are still affected by these. In 2016, a law was
enacted to allow “home-based work” for children under the age of 14 and other jobs
between 14-18. Multiple instances have been reported regarding broken laws of
child labour in hazardous environments to complicity of official in trafficking. 138
Moreover, to reduce the prevalent marginalization of certain groups in education and
employment, government needs to introduce and implement better quotas and
policies.
Enforcement of regulations remains very weak against domestic violence,
dowry-related harassments, and emotional or verbal abuses. Many innovative media
132
Upadhyay, Nishant, "Hindu nation and its queers: Caste, Islamophobia, and de/coloniality in
India". Interventions – Taylor & Francis 22/4 - 2020.
133
Ravindran, Saravana, and Manisha Shah. “Unintended consequences of lockdowns: COVID-19
and the shadow pandemic”. National Bureau of Economic Research, India - 2020.
134
Martin, Maya Rose. "Arbitrary Detention in Jammu and Kashmir".
135
Farooq, M., & Javaid, U., “Suspension of Article 370: Assessment of Modi’s Kashmir Masterstroke”.
136
Brulé, Rachel E., “Women, Power, and Property: The Paradox of Gender Equality Laws in India”.
Cambridge University Press - 2020.
137
Jain, Dipika, and Debanuj Dasgupta, “Law, Gender Identity, and the Uses of Human Rights”.
138
Gurung, Dr Pramita. "Human Trafficking in India: Examining the Complex Social Issues and Legal
Responses". Mukt Shabd Journal 9/6 - 2020.
 26

campaigns, for public awareness, these illiberal tendencies remain persistent within
the society. Traditions and rules regarding divorce and custody of children
discriminate against both Hindu and Muslim women. 139 Ability of Muslim men to
unilaterally divorce their wives was outlawed in 2019. Moreover, there are serious
concerns regarding the deliberate abandonment of new-born girls and ban on use of
prenatal gender-determination to abandon the female foetuses.140
4.5 What’s Next for India
Indian politics has suffered with illiberal inclinations till now due to two main
reasons: firstly, the strategies of leaders to garner more voters’ support, and
secondly under-confident weak institutions which do not support rights in the fear of
trouble. Politicians choose the easier path of appeasing the majority or in some
cases minority if the latter is more volatile of the two. The slow but consistent effect
of these trends will severely weaken the heterogeneity of India – which forms the
basis of the vibrance and diversity of the country. Some label this political
phenomenon as an ideological vision which sees India as a singular state where only
one nationality remains privileged over all others. But it can only be done if the
founding principles of equality and secularism are totally abolished in India.
Current Indian government is using its authority to the fullest to further its own
motives mainly due to the less assertive opposition, pliable media and support by the
majority. If these tendencies continue to follow this path, without any worthwhile
resistance or reasonable challenge, India may risk hurting its stature as an “electoral
democracy”. If the opposition remains disorderly, media becomes complacent,
judiciary becomes cowed and the Election Commission of India continues to behave
passively – India will spoil its history of fair electoral system. Fortunately, this worst-
case scenario is not looming but the indicators are not good. Indian drift towards
illiberalism needs to be stopped at priority.

139
Jain, Dipika, and Debanuj Dasgupta.
140
Brulé, Rachel, E.
 27

CHAPTER – 5
KEY DEDUCTIONS AND CONCLUSION
The declining status of liberties in South Asia over the past decade can be
gauged through numerous indicators. The increasing illiberalism has dire
implications not only for the countries, but for the stability and future of the region as
well. Certain common attributes in all such examples emerge, meriting due attention.
Firstly, ruling parties and leaders come to power through democratic means, which
grants them an inherent legitimacy. Secondly, the illiberal authorities in – irrespective
of their actions – claim to uphold the basic tenants of democracy. Lastly, any illiberal
action taken by them is supported by either a majority or their version of the greater
good – especially if any such decision is unpopular. The gradual and consistent
encroachment of liberties erodes the systems established at the state, regional and
international levels. Subsequently, leading to bigger and more complex issues and
disasters. The succeeding paragraphs will discuss these implications of illiberalism
from the perspective of the state(s), inter-state relations and regional stability 141.
5.1 Comparing Illiberalism in Pakistan and India
India and Pakistan are the two most prominent stakeholders of South Asia.
There nuclear prowess, military might and regional influence play significant role in
the international security framework too. Both nations of the same age, share same
colonial past – and we cannot ignore the centuries old shared history by the two.
Therefore, a similar set of attributes can be found in both societies. Illiberalism is no
different and manifests in similar patterns yet with subtle differences. While the two
nations might be at similar level of illiberal trends, it is interesting to note the direction
of these trends in both cases is different. Pakistan with a turbulent democratic past,
is seeing a sustained rule of elected governance. Institutions are learning to
establish and function in line with the policies. However, it is a long way before they
assume the control to moderate the functionalities of the society in a liberal way. On
the other hand, Indian institutions have seen this evolutionary progress steadily since
its inception and - after certain level of evolution – can be seen drifting towards the
illiberalism.
It is also interesting to note, how in both cases the governing elite and
populace play their roles in promoting illiberalism. While an educated majority is
essential to enable a liberal society, the governance by educated and liberal leaders
remains the first step. A populist or nationalist leader will attempt to deliver the
promises as per wishes of the majority. In both cases, the demands of society
correspond to the major issues of corruption and focusses on national ideologies.
Moreover, both nations also need to tie the ends of internal and external security.
Imran Khan – despite a questionable progress on his promises - was able to
exhibit a willingness to eradicate illiberal elements. Religious tourism, anti-corruption
and taxation reforms, citizen portals and initiatives towards transparency (such as

141
The deductions in the chapter are author’s personal opinion shaped during the course of this
research.
 28

declaration of assets etcetera) are some of the examples. 142 However, the
implementation of these measures and overwhelming pressures from the various
mafias in Pakistan, remain big hinderances. The authorities in Pakistan spear-head
the urge to change the illiberal tendencies into liberal and democratic policies.
The Indian premier, on the other hand, has been widely called out for his
patronage of some non-democratic elements.143 Fortunately, some significant
attributes of India are expected to pose strong resistance against such illiberal
decline. First of these is the Indian civil society and academia – which continue to
play a positive role. Secondly, economic growth and its direct correlation with
electoral victory – compelling authorities to address the grievances of the
underprivileged. Thirdly, the increasing political awareness of all castes and classes
of India will keep these trends in check. Lastly, the intrinsic philological, social and
demographic diversity of India cannot be overcome easily by a few tenures of ethno-
nationalistic governance.
5.2 Implications for the State(s)
By the time illiberal inclinations are manifested, it is already too late to curb
them. This is particularly relevant for today’s environment of misinformation and false
perceptions. Every state must, therefore, possess the platforms to identify and tackle
such aspects well in time. With the increase in illiberalism, the national ideology
shared by majority becomes more important than the liberal values of democracy.
Various groups and ruling parties are able to legitimize their illiberal actions with
such ideals. Consequently, a number of ideologues emerge to initiate a chain of
such trends. An opposite impact then becomes inevitable on the moderate elements
of the state –weakened and ultimately dominated by the intolerant elements. In all
South Asian nations, the environment has been ripe for this to happen 144. For
instance, both India and Pakistan have ethno-religious ideologies shared by a
dominant majority with a potential to subdue liberal democracy permanently.
Illiberalism benefits from the prevalent toxic polarization within a country.
While a reasonable challenge is good for progress, illiberal oppositions among the
various segments may prove fatal for South Asian states in particular. Hence, if not
countered now, the near future will witness increased internal fault lines and absence
of common grounds. Trust in the state institutions and apolitical bodies will erode
over time and rule of law will be difficult to maintain due to increased contradictions
in the society.145 Due to the increased polarization and lack of unity, the state
resources will be focused on resolution of the issues instead of progress. This will
hinder the development of state infrastructure and welfare of the people – as
progress in one area will come with the regress in another. This also explains the

142
Sheikh, Shiraz. "The Promise of ‘Naya’ Pakistan and the Rise of Pakistan Tehreek-e-Insaf." Indian
Journal of Politics and International Relations - 2018.
143
Ajay. Gudavarthy, “India after Modi: Populism and the Right”. London: Bloomsbury Publishing India
– 2019.
144
“Routledge Handbook of South Asian Politics: India, Pakistan, Bangladesh, Sri Lanka, And Nepal”.
Routledge - 2010.
145
lliberal Practices. Johns Hopkins UP, 2016.
 29

multiple stalled projects in India and Pakistan, which await unlikely solutions by non-
agreeing groups of the society.
The lack of social equality in the region has already led to large portions of
populations living an underprivileged life. The quality of life, education and values will
continue to deteriorate if concrete measures are not taken to address the ill-effects of
illiberalism, extremism and vigilantism. Institutions will increasingly fail to achieve
their intended objectives resulting in internal stability. Thereby, the governance will
become almost impossible to sustain in liberal democratic ways.
5.3 Implications for the Inter-State Relations
The internal dynamics of state impact the inter-state relations in multiple
ways. The growth of liberal democracy and moderate governments in various
regions of the world, have played significant role in bilateral relations between the
states. For instance, European nations at war with each other in World War II could
revisit their relations to establish strong ties in many areas of mutual interest. 146 On
the other hand, illiberal leaders and nationalistic tendencies make it improbable to
overcome the differences of the past. This can be seen in the example of Indo-
Pakistan relations and other bilateral equations of South Asia. Such inhibitions also
enable exploitation of minor conflicts between the states and any thaw in bilateral
relations remains only temporary.
Illiberal aspirations of the majority in a state can negatively impact certain
initiative and policies of the state and may put undue pressure on the government(s).
Resulting in lack of motivation to resolve the inter-state rivalry – especially where
keeping the electoral support is a priority. The stalled progress of Kashmir issue
between India and Pakistan is one such example – where sentiments inhibit any
plausible solutions from both ends.
As a result of aforementioned reasons, no scope is left for bilateral ventures in
various sectors. Trade and businesses are also affected negatively and benefits of
geographic contiguity cannot be accrued fully. Mutual progress is greatly hampered
by non-actualization of full potential and creativity. This is particularly true for projects
involving public participation and openness.
Lastly, the machinery responsible for sub-threshold conflicts and hybrid
warfare uses illiberalism as fuel. Consequently, the states cannot reduce the
militarization of the borders and conflicted regions. Moreover, coercive ways – such
as intelligence efforts – are used as an extension of policy. This puts unnecessary
strain on the developing states of South Asia and results in poor utility of the already
inadequate resources of the nations.
5.4 Implications for the Regional Stability
As established in the preceding paragraphs of the paper, illiberal trends have
dire implications for not only from the individual perspective of liberties, but also
affect each state and inter-state relations in the region. This negativity makes the
146
Mandelbaum, Michael, and Aurel Braun. "The Dawn of Peace in Europe". International
Journal 52/2 – 1997.
 30

regional alliances untenable – as every government is either a victim of the societal

illiberalism or in pursuit of its own illiberal aspirations. There exists a complicated
correlation between most South Asian nations. As in the case of Bangladesh,
Pakistan and India – which have not been able to ascend out of their regional
complications since their partition or inception. The continuation of illiberal attitudes
makes it difficult for these nations to agree on regional issues of common interest.
Hence, the reasons of regional geo-political instability are not easy to address.
A number of unresolved disputes in South Asia – such as territorial claims and
water disputes – complicate the state of regional peace. In most cases, these
disputes are interdependent and involve more than two stakeholders. In addition, the
intolerant tones by official spokesperson, propaganda efforts and illiberal approach
towards each other triggers a domino effect from one disruptive event to bigger
regional issues. Hence there exists a fragile system of cooperation in the region
where role of one member is questioned by the other – and South Asian Association
of Regional Cooperation (SAARC) remains the only prudent organization.147
The region has consistently failed to attain the common objectives of progress
and development. No country can be visibly seen progressing towards moderation
and liberal values either. This overarching trend in the region has also become one
of the major causes of unsolved resource and territory disputes. The dominance of
nationalistic and sub-nationalistic aspirations has accorded authority to less liberal
entities in society and governing bodies. It will require dedicated and consistent
efforts to dispel such negativity and empower the liberal forces in South Asia.
5.5 Role of the Regional and Global Powers
It will be inapt to consider the phenomenon of illiberalism in South Asia in
isolation, because even the most progressive democracies and liberal governments
of the world are not spared from such inclinations. China, for its authoritative style of
governance, has long been criticized by the West. Being the immediate super power
in vicinity of the region – it has provided a tacit support to such tendencies in the
shape of its questionable actions.148 For instance, its territorial claims in South China
Sea and handling of Uyghurs population have been objected globally to no avail.
Similarly, the policies of previous US administration as well as the circumstances
during and after 2020 elections exposed the fragility of modern liberal values. 149
Regional and global powers have historically shown a biased response
towards such indicators in South Asia. The policies of self-interest were adapted to
use the developing governments of the region for their purposes and in return
patronage to the allies was provided. Due significance was not given to the
consequences of such leverage given to the growing illiberal governance. As a
result, instead of creating a balanced and strong regional cooperation system, South
Asian nations chose to bond with a superpower which best served their interests in
147
Gill, Don McLain, "Challenges to Regional Cooperation in South Asia: An Overview". Journal of
International Affairs 3/1 - 2020.
148
Bianchi, Robert R., Pakistan: Deep Democracy and Shallow Strategy (Chapter in China and the
Islamic World), Oxford University Press – 2019.
149
Frum, David, and International Institute for Strategic Studies. Trumpocracy: The Corruption of the
American Republic.
 31

short term.150 The region, thus, became a playground for the international rivalries
and the countries became the pawn of superpowers’ politics. In short, instead of
putting issues in correct perspective, the regional and global players are making the
situation worse in South Asia.
5.6 CONCLUSION
The concept of governance at the state, regional and global level has evolved
throughout the history of mankind. Relevant theories and practices continue to be
refined with changing times as per awareness, connectivity and influence of one
state on the other. Whatever works for one society may or may not work for another.
Moreover, it is the combination of rights and responsibilities of state(s) and
individuals which dictates the level of liberties in a society, whatever the type of
government. A universally acceptable set of values for communal harmony thus
becomes important. These norms – particularly relevant to individual and communal
rights – align with the ideology of liberalism. Whereas, anything opposing them curbs
the freedom or liberty and falls under the category of illiberalism. Moreover,
illiberalism is directly related to the authority and is indicated by the denial of basic
human right and autonomy of the state institutions.
A perfect semblance of an inclusive governance which is run in consonance
with the majority is, therefore, the ideal form of rule in today's diverse system of
statehood. Academia and most western commentators agree that a liberal
democracy is the closest to the ideal form of government that we can get. However,
the realistic on ground situation is tilting in almost opposite direction to the ideal
situation. Especially, when not everyone agrees with the ideals and utility of the
liberal democratic school of thought. Due to various reasons stated before, the
authoritarian attitudes in governance gained traction across the globe. Many eastern
as well as western governments are increasingly practicing these illiberal ideologies
at different levels. They coat these inclinations through dubious and unclear rhetoric.
A rationale is used to rebrand such actions and to gain legitimacy. Most widely used
tactic is to use the existing tenants of democracy to that end. At the very least they
seek a majority approval, use or abuse of electoral systems, and biased use of
institutions, while remaining below the threshold of non-democratic labels.
These rationales – especially by the developed western nations - give
credence to the utility and benefit of such illiberal practices. In South Asia too, the
conditions for such illiberalism were ripe for the fairly new nations. These nations are
either underdeveloped or in the process of development. Their institutions – despite
the decades in between – have not been completely freed of their restrictive
legacies. The pace of advancements in the West, diverging demographic profiles
and very complex regional geopolitics have all made the statehood very difficult for
the ruling elites. As stated earlier in this paper, any form of government - whether
military or political - is capable of exhibiting illiberal inclinations. Most pertinent
examples of the region emerge to be of India and Pakistan – which have been
discussed in detail in this appraisal for the purpose of research.

150
Gill, Don McLain. "Challenges to Regional Cooperation in South Asia: An Overview". Journal of
International Affairs 3/1 - 2020.
 32

Pakistan is following a better democratic path than ever before, but its
political system and civil-military relations remain key areas of concern. Awareness
regarding the governance, a homogeneous society and necessity of peaceful region
must transcend through the education system. The hierarchy and institutional
leadership need to actualize their rights and responsibilities and legislation needs to
become a mainstream process instead of a side job. The legislative activity will be
key to the correct evolution yet, the lack societal freedoms (in particular of religious
minorities and media) remain the biggest issue. The people and the authorities see
media as partisan entities biased towards their interests. This is true to some extent
and media needs to hold its moral high ground to prove its unbiasedness to
domestic and international audiences. Fortunately, the political leadership in
Pakistan is gradually realising these needs and is willing to take steps in the right
direction.
India, like its neighbour Pakistan, has numerous examples of banned books,
arrested activists, exiled critics and over-stepped laws. However, unlike Pakistan its
current illiberalism is not a result of its political compulsions, but seems to be a yield
of well-orchestrated political movement. The heterogeneity of India – which forms the
basis of the vibrance and diversity of the country – will slowly be weakened by these
trends if not controlled. If the founding principles of equality and secularism are
totally abolished in India only one nationality will remain privileged over all others.
Although the current Indian government is blamed for using its authority to the fullest
to further its own motives, Indian diversity will be the positive force in sustaining the
country through the decline of democratic values. The less assertive opposition,
pliable media and support by the majority are the significant hurdles towards a liberal
governance in India. If these tendencies continue to follow this path, without any
worthwhile resistance or reasonable challenge, India may risk hurting its stature as
an “electoral democracy”.
Rise of illiberalism in South Asia has undoubtedly very negative influence on
the regional cooperative system as well as its countries. A systematic institutional
approach at all levels is needed to arrest these tendencies. For that to happen the
majority in each nation needs to be on board for liberal governance in order to free
the authorities from requirements of illiberal politics. But paradoxically, the majority
will only be steered towards the right track if authorities show the will to adopt the
liberal policies at the cost of their victory and political interests. The question remains
whether the ruling elite in the region accept such costs in the near future or not?
 33

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