The history of caste is one of the defining features of politics in Bihar. Without delving deep into historical antecedents, it suffices that colonialism made it politically active. In the 1920s, a formidable caste alliance was forged in the form of ‘Triveni Sangh’ to challenge the dominance of upper castes. This formation had some initial success in the local elections of that time. Since then, the plank of caste regularly surfaces and has been articulated in the form of social justice. Although its aspirations were partially addressed by giving reservations to SCs and STs, its political significance was not recognised until the implementation of Mandal Commission recommendations in the 1990s. Full-fledged recognition of caste accorded it a critical significance as all political parties joined the mad race to capture the OBC's vote bank. Still, the glory endured to those parties who had been at the forefront of such demand before and after independence - socialist parties of various hues. Indian politics, after the implementation of the Mandal Commission’s recommendations, no longer remained merely ritualised parliamentary politics where the elite-dominated its course without being challenged. It was now open for the demos coming from vernacular traditions to overwhelm the realm of politics. It was a radical reversal of traditional elite politics in India- perhaps an inevitable consequence of democratic politics. A calm and tradition-based electoral process no longer remained the same as it (the recommendations) re-energised and invoked the lower caste political consciousness. Caste no longer remained only a social category but suddenly became a potent political identity. It imbued agential power to those on the margins who were mainly passive and patronised despite their overwhelming number in the population.

This social factsheet was altered when Lalu securely assumed the office of Chief Minister by replacing Jagannath Mishra, the then Congress Party Chief Minister. The changed situation inaugurated a new politics of caste assertions in Bihar in which confrontation inevitably followed the course of radical alteration of the nature of political order- the nature of legislative assembly, bureaucracy, party structure, etc. The socially entrenched classes put their might against such changes. But with political power in his hand, Lalu withstood their challenges and brought OBCs (at least the dominant sections, notably his caste- Yadav) into the limelight and firmly placed them in the political order. He reaped the political benefit immensely by making a formidable alliance of his caste with the Muslims that acquired the popular abbreviation M-Y. His three consecutive victories from 1990 to 2005 made him invincible - at least, he had that sense of invincibility. He not only frightened political opponents but also his partymen who refused to accept his dictate. Once sure of his electoral victory, he hardly paid any attention to the governance, allowing the situation to become lawless, bringing Jungle Raj into the state. The ghost of Jungle Raj still haunts his party. It is broadly a phase of caste confrontation.

In this background, Nitish Kumar, a bete noire for Lalu, left the party and thereby parted his company from him. First, he formed his party, and later, with the support of the BJP, he became the chief minister of Bihar in 2005, since then continuing as CM, notwithstanding his frequent changes of parties and alliances.

Now, the saga of new politics begins in Bihar with the political ascendancy of Nitish Kumar. This phase may be termed caste consolidation, a new beginning of synchronous caste politics. Nitish, as an astute politician and his long association with socialist politics, fully realised the utter significance of caste for political power. But he hailed from a caste with minuscule numbers- only 3 percent in the state- that made it impossible to form his caste-based majority. Following the logic of real politics, he fragmented the homogenous OBCs bloc by giving 25 percent reservation to the extremely backward castes (EBCs) from Annexure 1 and constituting a Maha Dalit Commission to fix quota for the lowest of them. In addition to this stratagem, he made fifty percent reservation for women in three-tier Panchayati Raj Institutions (PRIs). All these changes yielded positive political gains for him, carving a solid support base with the assured support of EBCs, Maha Dalit, and women. It not only made him politically relevant but also allowed the benefits of reservation to percolate down. As a political strategist, he collaborated with the upper castes, soothing their bruised pride and allowing them some political space in the system. His innovative politics of caste spawned a new era of political representation long denied to the lower rung. That apart, he also overhauled the state administration and boosted its morale, assuring the state officials of political non-interference. Such steps ensured political stability with a recharged bureaucracy, embarking on the governance goal with new zeal and vigour. As a result, Bihar's GDP marched ahead of the national level.

To those who prophecised Nitish's political demise in the 2024 elections, it was incomprehensible to them that the support base he built over the years still endures. The social segments he nurtured strongly aligned with him. The poor women, harassed physically and economically by their alcoholic husbands, were able to save their meager resources after Kumar passed a stringent law to make the state alcohol-free. They continue to support him.

The expansion of political representation to the historically disenfranchised section has brought not only a new political consciousness among them but also new claimants for their mandates comprising both the regional and the national political parties. Their support, however, remains intact in favour of JDU led by Nitish. It implies that inherent social diversity demands decentralisation of power, empowering the different segments of the social collectivity. It underlies that uncritical adherence to the homogenous collectivity makes it hardened, which impedes the trajectory of democracy in responding creatively to ever-changing situations. Thus, the synergy of castes struck by Nitish Kumar ushered in the politics of caste consolidation based on the principles of equal sharing of power- it will open new egalitarian possibilities for castes, especially for the disempowered castes, in the otherwise hierarchical caste society. Possibly, Akhilesh Yadav owes a lot to Nitish Kumar for coining the phrase of PDA (Pichhara, Dalit, Alpsankhyak), which enabled his party to make deep inroads in this election. In consonance with the idea, the narrative of the caste census easily stuck with the voters, reviving the political fortunes of Samajwadi and the Congress parties. The above construal is what not only makes Nitish Kumar politically relevant but it also works as a beacon for future democratic politics in India, particularly for Bihar.

Authors: G.N Trivedi, Former Professor, University of Delhi & Manish Kumar, Doctoral Scholar at School of Development Studies, TISS-Mumbai

The New Bhartiya Nyaya Sanhita, 2023 (successor of Indian Penal Code, 1860) along with the two other bills, The Bhartiya Nyaya Suraksha Sanhita, 2023 (successor of Code of Criminal Procedure, 1973) and the Bhartiya Sakshya Bill, 2023 (successor of Indian evidence act) received the president’s assent on 25^th of December 2023. However, the government's action casts serious questions on the motives behind it. The law was tabled in the parliament during the period when 97 MPs were suspended; as a result, any possibility of discussion and debate was eliminated. Since all three of the new laws are perfect replicas of the ones that came before them, the motivation for such an act is nonetheless unclear.

Importantly, section 113 of the Bhartiya Nyaya Sanhita, 2023 adds a new offense called "terrorist act," which has already been explicitly defined by the Unlawful Activities Prevention Act (UAPA). This might lead to an extensive misuse of the law.

The insertion of the terrorist act in the BNS, which is the replica of the terrorist act as mentioned in the UAPA act, is only harming the integrity and effectiveness of the clause mentioned under the UAPA act. By addition of such a clause in the general law would give the superintendent of police the liberty to frame charges under either of the acts, and granting such power to the local police officer would only increase tyranny across the country. Acts of terrorism sometimes entail risks to public order, national security, and social stability in addition to direct physical harm to individuals. The BNS's definition of "terrorism" automatically incorporates the UAPA's term, which does not limit the crime to the body alone. This is ludicrous, though, as terrorism is by its very nature concerned with the aftermath of an act rather than the act itself, and such attacks may target civilians or important infrastructure, or perhaps both.

As said, it's uncertain why the BNS includes a provision for the new charge of the terrorist act. Given that terrorist actions are already covered under the UAPA, a special legislation, why was there a need for duplication? There are serious questions about the reasoning behind this change given how similar the definition of a "terrorist act" is in both legislations. To prevent misunderstandings and guarantee uniform interpretation, the criminal justice system usually strives for accuracy and clarity while crafting laws, according to current criminal law jurisprudence.

There would be dissonance regarding the legislatively intended scope and application of this duplicate definition if it existed in both the BNS and the UAPA. Furthermore, since the parliamentary standing committee on Home Affairs fails to explain such a legislative action, the reasoning behind this repetition becomes increasingly vague and obscure.

The UAPA was passed in response to the extremely specialised and intricate nature of terrorist activity, the requirement that it be addressed by a distinct procedural legislation in order to manage the nuances involved, and the necessity to give specific restrictions that may not be sufficiently addressed by general statutes.

In order to resolve disputes between the general and particular provisions of "conflicting" legislation, the courts have consistently adopted the "rule of harmonious construction." This legal maxim states that the special law's provision must take precedence over the general laws in cases when there appears to be a disagreement between two separate legal provisions.

While the BNS is a general legislation that deals with transgressions in general, the UAPA is a particular law that handles terrorism. Consequently, it contradicts the sense to introduce Section 113 of the BNS when the UAPA will apply instead.

Assuming that members of Group A are seen as opposing the ideology of the government, the SP may selectively book them under the UAPA and use its strict rules to keep them detained, while the other group may be charged under BNS. This gives rise to the possibility of manipulating the legal system for political purposes.

Fairness in judicial procedures and equality before the law is directly threatened by the possibility of discriminatory treatment motivated by ideological differences. The possible abuse of these authorities may lead to the elimination of basic rights and the silence of dissident voices.

In turn, a strong system for accountability, supervision, and adherence to legal standards is required due to the incorporation of anti-terrorism provisions into general legislation and the discretionary powers bestowed upon the Superintendent of police. To guarantee the fair and reasonable application of anti-terrorism legislation and avoid their exploitation for political goals, it becomes crucial to strike a careful balance between the imperatives of national security and protecting individual rights.

The investigation's course is decided by the SP's choice to file a case under the BNS or the UAPA. In addition, the state police may knowingly or unknowingly record the case under the BNS to maintain jurisdictional control and stop the matter from being referred to the Union government. Ego-driven resistance to turning over a case to the NIA in situations where the state and Union administrations have different political philosophies might make it more difficult to combat terrorism.

This situation presents a serious difficulty that might impede the established legal procedure. The probability of applying anti-terrorism legislation selectively due to political concerns poses a threat to the values of justice equity and the rule of law.

It is interesting to observe that in places where the state and federal administrations have similar political philosophies or connections, this problem might not be as severe. However, the possibility of abuse of discretion in the execution of anti-terrorism laws necessitates close examination in areas characterised by political disagreement.

According to the philosopher Aristotle, "Man is by nature a political animal," and thus, politics is the most favored topic among the people of Bangladesh. From the tea stalls in neighborhoods to the air-conditioned rooms of corporate offices, discussions about politics are ubiquitous. However, these discussions about politics are mostly negative. Conversations often begin with analyses of how bad politics is and conclude with how far we should stay away from it. Naturally, a child grows up hearing negative discussions about politics and, upon reaching youth, realizes how far they should stay from it. The idea of participating in politics does not even cross the minds of these young individuals, and they fail to develop any political awareness. They start to perceive political engagement as a kind of crime. To be politically aware, one must first understand the answers to two questions: What is politics? And what does political awareness mean?

First, let us try to understand what politics is. Politics is a science-based culture that arises from within society for governing, whereby a specific institution or authority governs the state. The English word "politics" is derived from the Greek word "Politiká." Its simple meaning is the policies or matters concerning the city by which the state, governed by humans, creates interrelations among the people of society and maintains the balance of power. In short, certain policies are necessary to run a state, and these policies are what we call politics.

Next, an important question is, what is political awareness? Broadly speaking, political awareness refers to the fundamental understanding of politics, the study of important historical matters, and the analysis of contemporary events to form one's own political opinions. However, many people currently perceive political awareness as the act of participating in a specific political party and implementing that party's ideals and goals. This is a completely wrong notion. It is important to remember that political awareness and direct participation in politics are two completely different things. While it is crucial for a person directly involved in politics to be politically aware, a politically aware person does not necessarily need to participate directly in politics. They can contribute to qualitative changes in politics by voting for competent individuals from their positions.

The consequences of political unawareness must be borne equally by individuals, society, and the state. Describing the consequences of political unawareness, Plato said, "The penalty for not participating in politics is that you end up being governed by your inferiors." Participation in politics can be either direct or indirect. In that context, increasing political awareness is equivalent to indirect participation in politics. When a talented young person becomes politically disengaged due to political unawareness, the result is that a less competent young person rises to the policymaking level by participating in politics. And that less competent policymaker naturally formulates weaker policies. Because of these weak policies, many talented individuals become frustrated and leave the country, resulting in a loss of talent and placing a burden on society and the state.

There is no doubt that the state will be governed by politicians. This significant responsibility lies with those who have taken public service and human welfare as their vows. In a democratic system where governance is established by the consent of the people, politicians will govern as representatives of the people. However, to establish a 'participatory' democracy in place of 'representative' democracy, it is also essential to ensure the effective participation of the people at all levels of administration.

Politics is a proven method for achieving human welfare. It is referred to as the 'Art of Compromise,' a technique for reaching agreement. Through the political process, acceptable policy-making and policy-implementation decisions can be reached through discussions and negotiations involving all concerned. These types of decisions impact every aspect of a citizen's life, including livelihood and security. Therefore, it is the duty and responsibility of citizens to pay attention to these matters. Notably, in an independent country, citizens not only have rights but also duties and responsibilities. Contributing to advancing the country by making politics effective and welfare-oriented is one of these duties and responsibilities. Taking initiative toward this goal also falls within the scope of these duties and responsibilities. Therefore, the more talented young people express their opinions and take effective initiatives based on political awareness, the more beneficial it will be for the future of the state.

However, is the lack of interest or disengagement in politics among the youth solely the responsibility of the young community? Certainly not; the state itself can never evade this responsibility. The cessation of student council elections, hindering democratic practices in educational institutions, the practice of partisanship under the guise of student politics, tendering, the transfer of student political leadership to non-students, the increase in unemployment, the lack of employment opportunities, and similar issues have frustrated young people and made them disillusioned with politics. The state can never evade responsibility for introducing these undesirable cultures into the system.

The future of Bangladesh depends on the youth. Selecting the right leadership will only be possible when political awareness among the youth increases. As the youth become more politically aware, political parties will naturally begin to think more deeply about them. To gain the votes of young people, political parties will be compelled to offer public-friendly and country-friendly programs in their manifestos to attract the youth. This will lead to a fundamental change in the political culture.

Additionally, political parties must realize that the youth will lead Bangladesh in the future, and even the leadership of the political parties will come from this young generation. Therefore, to build a beautiful future for Bangladesh and for the existence of political parties themselves, it is essential to involve talented young people in politics, both directly and indirectly. Today, many of those at the top levels of various political parties are from the generation that was politically aware during the liberation war in 1971 or the democratic uprising in 1990. Therefore, political parties must take special initiatives in their manifestos to involve talented young people in politics. Their manifestos should include specific plans for youth employment, special bank loans for self-reliance, and various platforms to engage the youth, including unemployment benefits.

It is undeniable that the more talented young people a political party can incorporate, the more enriched the party will become, and the easier their path to power will be. Therefore, it is in the political parties' interest to facilitate the participation of talented young people in politics.

In conclusion, the youth of Bangladesh have a glorious history. The contributions and sacrifices of the youth are behind every movement and achievement of Bangladesh. There are also instances where this young community has been misguided. Whether in the name of scientific socialism or through the misinterpretation of religion, the pied pipers of this wrong path have led the youth astray. Therefore, it is up to the young community to decide what kind of Bangladesh they want to see and to whom they want to entrust the future leadership of Bangladesh. The future of Bangladesh depends on the decisions made by this young community.

(Writer is a columnist and journalist & can be contacted fbzahir@gmail.com)