Yakub Memon’s Impending Execution in the Light of a Passage from Foucault’s ‘Discipline and Punish’ Read through a Marxist Prism


“The public execution did not re-establish justice, it reactivated power. In the seventeenth century, and even in the early eighteenth century, it was not, therefore, with all its theatre of terror, a lingering hang-over from an earlier age. Its ruthlessness, its spectacle, its physical violence, its unbalanced play of forces, its meticulous ceremonial, its entire apparatus were inscribed in the political functioning of the penal system.”
–Michel Foucault, Discipline and Punish

Yakub Memon’s execution will, therefore, be no aberration of our penal system. It will be an exception that is meant precisely to enable the reproduction, through confirmation, of the norm of everydayness of terror that is modernity, and capital. Albeit one that now openly displays its irrational, exceptional and coercive kernel, thanks to this being its historically concrete moment of crisis.

This phenomenon is, therefore, nothing but the norm as an unconcealed and unconcealable neurotic symptom: the norm itself as the demonstration of the crisis of normativity and normalisation. As a result, it now comes across even in its appearance as the entirely arbitrary political functionality that founds, underpins and animates the economy/rationality of the modern penal system.

Hence, let not our outrage — that is produced by the scale and magnitude of the phenomenon at hand — blind us to that. For, that would also blind us to the reformist purport of liberal politics that lies at the heart of such outrage. Instead, let us temper that outrage into a steely resolve to exceed and abolish capital and the modern state — which is nothing but the grammar of capitalist social relations, or the qualitatively equalising and thus distributionist value-relation to be precise, in its institutional congealment. After all, it’s precisely this distributionist dimension of the law of value that, as far as the modern state in its liberal-democratic Indian specificity is concerned, is the objective material basis of the ideological dominance of, among other things, Islamophobia. The ideology that evidently informs the dogged pursuit of capital punishment for somebody such as Yakub Memon.

In other words, let the cry for the abolition of death penalty, which has been sparked off by Yakub Memon’s imminent execution, not remain a weak human rights-based reactive demand placed on the Indian state. Let us strive, instead, to transform that cry into a strong call for constructing a concretely collective political project that seeks, in the here and now, to determinately abolish the state. For, the modern state in being the embodiment and operationalisation of the rule of law is genetically programmed to do precisely that which it currently seeks to accomplish in the specificity of its Indian incarnation: reinforce its monopoly over violence by re-establishing the slave-morality of ressentiment (revenge) as justice.

This is, clearly, a juridico-legal morality that is, therefore, an inseparable and integral ideological dimension of the capitalist social formation constitutive of the structure of mutual competition for domination, and its reproduction. To not grasp that and to insist on envisaging the abolition of death penalty as a human rights-based demand amounts to a blundering failure to recognise that the Benjaminian “divine” or “law-unraveling violence” rests in an embryonic form within this cry for the abolition of death penalty. And to not recognise that is to already repress that potential and distort it into “lawmaking violence”, which faces off “law-preserving violence” of the state merely as its constitutive antithesis. Not for nothing does such human rights-based ‘politics’ presuppose the conceptual and thus concrete validity of the modern state — and the juridico-legal social formation of which such a state is both an effect and reinforcing cause — that it ‘confronts’ with its politics of demand. In the ultimate analysis, such politics ends up, not surprisingly, reinforcing and reproducing the condition of possibility of precisely those enormities it claims to want to eliminate.

So, let’s not allow our outrage to be a cathartic expenditure and exhaustion of politics. Rather, let it simmer like a slow fire over which we forge the concrete strategy of how (our) red ‘terror’ can emerge with full antagonistic force against the epochal social power that orientates and articulates the continuous norming and normalisation of (their) white terror.

The essence of what one has articulated here in a hurriedly clumsy manner is put forth with elegance and aphoristic precision by Walter Benjamin in the last two sentences of his VIII thesis on philosophy of history: “The current amazement that the things we are experiencing are ‘still’ possible in the twentieth century is not philosophical. This amazement is not the beginning of knowledge — unless it is the knowledge that the view of history which gives rise to it is untenable.”

NHRC has its own style


Should we be surprised by the National Human Rights Commission’s submission to the Supreme Court regarding Salwa Judum’s atrocities leaked by the Economic Times? The official human rights body “found that many of the allegations [against Salwa Judum] were based on rumours and hearsay, and devoid of facts. Again, many of the villagers whose names figured in the column comprising victims of Salwa Judum or the security forces were actually found to have been killed by Naxalites. FIRs had been registered in most of these cases and the state government had also doled out compensation to relatives of those killed. NHRC teams also discovered many of the villagers whose names figured in the list were actually Naxalites who had been killed in encounters with the security forces. A few other villagers were found to have died of natural causes, while yet another group of villagers whose names figured in the list of dead were actually found to be alive” (2). NHRC’s arguments here are quite clear and very logical –

if Salwa Judum or the security forces killed somebody, (s)he must be a naxalite; if (s)he was not a naxalite, then it’s obvious that (s)he was killed by the naxalites.