Flogging of Michael Fay

8/12/2019 Flogging of Michael Fay

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The Flogging of Michael Fay: Culture of AuthoritarianismAuthor(s): Vinay LalSource: Economic and Political Weekly, Vol. 29, No. 23 (Jun. 4, 1994), pp. 1386-1388Published by: Economic and Political WeeklyStable URL: http://www.jstor.org/stable/4401297.

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T h e

l o g g i n g

o

i c h a e l

a y

Culture

of

Authoritarianism

Vinay

Lal

In

showing

ts

approvalof

the

logging

of Michael Fay

in Singapore, he

much

outed 'American ublic'

in whose name the American

political

leadershipperforms ts heroicdeeds,has openedthe lid on thecan of

American

authoritarianism;

his

lid is now

being sought

to

be

put

back

into

place.

SOME

weeks

ago,

Michael P

Fay,

an 18-

year old American who has been living in

Singapore ornearly wo years,

was

sentenced

by

a court in

Singapore

to

a

prison-term

of

fourmonths

and

commanded o pay

a fine of

$ 2,215; additionally, the judge, appositely

named

F

G Remedios, ordered hatsix lashes

be

administeredon

Fay's buttocks,

which

may not remain snow-white for too long.

Fay, imagining that he was in America,

where a not insignificant numberof people

havemadevandalism,not to mentionmurder,

armed robbery, and aimless killing, their

calling

in

life,

with

every encouragement

from such

quasi-fascist organisations

with

their largely

imbecilic

membership as

the

NationalRifle Association,decidedto amuse

himself by vandalisingcars

with

spraypaint

and

eggs,

and

tearing

down traffic

signs

whichhe thenhauledhome. PerhapsFay had

forgotten

hat the chicken

does

come

home

to

roost;

he

eggs

he

threw ertilised,

o

Fay's

misfortune, n unexpected ways. Fay is no

longer amused; he was shown emerging

from the court in unmanly disarray, and a

considerable ampaignhas been mountedon

his behalf n order o dissuade he government

of

Singapore

rom

carryingout the sentence.

His mother has

argued

that the

flogging,

were it to be inflicted,-will scar her son for

life and eave him

psychologically

disturbed,

but she

appears

not to have

reflected upon

the acute possibility that he must have been

quite

disturbed

n

the,

irst

place

to conduct

himself

in the

altogether

foolish manner

n

which,he did, and

that too in

a place

which

brooks no nonsense from bored and un-

supervised eenagers.No less a personthan

Bill

Clinton, the president

of the United

States, implored

the

Singaporegovernment

to

pardonFay.

Lest it be

supposed

that

Fay

is somehow

beingsingledout

to receive thiscruel

punish-

mentas an American, t should

be

madeclear

that

conviction

for

the offence

of vandalism

carries

a

mandatory entence of flogging

in

Singapore.Every year nearly

600

people

are

flogged

in

Singapore,

and

of this

number,

slightly

more than

one-fifth

are

foreigners.

Although flogging

is described as a

'cruel'

and 'barbaric'

punishment,

and

forbidden

outright by such agreements

as the Inter-

national Covenant on Civil and Political

Rights, Singapore (along with Malaysia,

where oo flogging s administeredorcertain

offences)

is nota

signatory

o this

agreement.

Indeed,

in

this respect as in

many others,

Singapore stands apart.

The

rigidity

of the

laws by which Singapore is

governed is

suggested by the fact that the fine for not

flushing a public toilet is about $

32; more

onerously,

and

ominously,the fine for

eating

on the subway is $ 300.

Gastronomic

excesses,

as

nutritionists nd scientists have

been

warning

us for

sometime,

carry

a

heavy

price.The

sale

of chewing gum,

the elixir

of

a

bovine America,

s

prohibited: hatnoxious

substance, which has dulled

many

an

American

sensibility, is described

(not

incorrectly)as "a perennial

nuisance".Drug

traffickersare

put

to

death;

f

mere

unlawful

possession of a gun carries

a

life

sentence,

the

firing

of

a gun not unexpectedlycarries

a death sentence. The debate thatrages in

America over

the

possession of guns would

be

entirely ncomprehensible

o residentsof

Singapore,

while so-called

progressive

aws,

such as the

one passed

not

too

long ago

in

Virginia-in the teethof opposition rom he

fanatical

National

Rifle

Association-

limiting hesaleof handguns o any ndividual

to

one per

monthmust

appear o Singaporeans

as

farcical.

Singapore

has

acquired, hen,

a formidable

reputation

as a

place

of 'law and

order';

he

principal ndex of its safety is that women

can

travel

anywhere

n

Singapore,

even

late

at

night,

without

any

fear of

bodily

harm:a

cordon sanitaire engulfs the small island.

This

is

no

mean

achievement,

and

perhaps

one would be

quite right

to

insist that no

country

an

claim ts adherence o democratic

normswhen a

largenumber f

its

citizens,

be

they

men

or

women,

are unable to have

complete

freedomof

movement.

Besides the

safety

of

its

streets,

and

the orderliness

of

life, Singapore must surely be the place

destined to

epitomise

the Protestant

raving

for

cleanliness. The fine for

littering

is the

princely

sum

of $

3,185,

and

pollution

(just

as much as

traffic)

s

regulated,

among

other

things, by enforcing

a strict

limit on the

numberof new cars allowed intothe

country

each year.

As

an

American tourist from

Memphis, Tennessee, put it, "Everything

s

so clean here, you just feel safe and good.

Nothing unpleasantcould possibly

happ:D

here.Cleanliness s next to godliness."1Here

in Singapore, ourlstsTrommiddle America

in their polka dot polyester dresses and

elephantine shorts can feel at ease as they

once did in their own towns built with the

accumulated fortunesof Wrigley, colonel

Saunders,and other purveyorsof rubbish.

The safety, cleanliness and

extremL

orderliness

of

Singapore's

streetsare

said to

be theprincipal easonwhyAmericanshave,

much to the

surprise

of human

rights

organisations

and

the small

number

of

those

who read and think, overwhelmingly

endorsed the sentence

of

caning passed

on

Fay.2 Letters received

at the

Washington

offices

of

the senators and

representatives

from Ohio, the sorry

state

from

which

Fay

hails,

and

at

the

offices of newspaper ditors

throughout he country,have unequivocally

expressed their support or the government

of

Singapore'sundiminished esolve

to

keep

Singapore reeof crimeandpunishconvicted

offenders.3Castigatingone

writer or

having

described Singapore as a "tight little

dictatorship" iven

to

"repression",

H

Sam

Samuelson of San

Diego

wrote that

he

saw

"nothingwrong

with

repression

when it

so

specifically

and

successfully

marks crime

and

criminals

ahid

rees

a

society

from

earot

its own

streets,publicparks

andfront

yards".

Another etter to the

editor of

the

San

Diego

Union-Tribune

expresses rejoicing

at the

knowledge "that here

are

still some societies

thatbelieve thata littlecorporalpunishment

is good forrecalcitrant outh".4

Mike

Royko,

a

nationally syndicated

columnist with the

Chicago Tribune,

has

reported

hat '99

per

cent' of the letters he has received express

jubilation

at the

impending flogging

of

Fay,

andgo on to suggest that"floggingshouldbe

part

of

[the American] ustice system".

One

manwroteto

him

that

"maybe

whatwe need

in this

country

are the same laws

and

punishment they

have in

Singapore.

We

wouldn't have

the

problems

that we have

today";

another

expressed

the

commonly

held view that

"five

or six whacks

on

the

can

with a

cat-o'nine-tails is a

great

deterrent",

while a third was quite unequivocal in his

lack

of

sympathy

for

Fay:

'That American

punk

s

getting exactly

what he

deserves.

If

we had similar laws,

I'm sure our states

wouldn't be

under control

of

the

thugs

and

slugs."5

Nor is it to be

supposed

thatwomen

have

considerably

more

compassionate

feelings

towards

Fay:

one woman

pointed

o

the

hypocrisy

of

citing supposed

standards

of

decency

and

civility

in

America, given

that

"kidscan shoot the

face

off their

mother

and

not

be found

guilty,

and

a

skater can

conspire to seriously harm a teammateand

still compete in the Olympics". 'Thank

1386

Economic and Political Weeky June 4, 1994

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goodness

ormoresensible

people

elsewhere

in the world",

her letter

concludes,

"who

hold our

standards n

contempt".6

Ashamed

at the enthusiasm with

which

ie Americans

appear

o have awaited

Fay's

lWogging,

ditorialists-who must now

take

oh

the mantle

of

civilisation, though

ew had

aiy qualms

in

endorsing George

Bush's

biutal

andbarbarous aron

the

Iraqipeople-

and

liberals

have

sought

to attribute

Americans'endorsementof the sentence to

their gnorance

of

the authoritarianism

ith

which Singapore

is

governed,

and

to

their

unhappiness

with the war of attrition hat is

beingplayed

out on

the

streetsof America.

In

Mike

Royko's

words,

the letters he has

received

"tell

us

that

hejustice system

in this

country

s out of

step

with

the

feelings

of

the

majority";

n

the assessmentof

a

sociologist,

"People

are

desperate.

They feel everything

is coming apart,

hat

he younger generation

is out

of

hand."'

More

significant

is

the

attempt

o

argue

that though Americansare

rightly

desirousof living

in a

country

where

theydonot fear for their ives, and where the

'ruleof aw'

prevails,

heiriviews f Singapore

would undergo

a sea change if they were

brought

o an awareness of

Singapore

as a

country

hat s little better hana dictatorship.

The New York

Times has

expressed

its dis-

appointment

that "Americans, in their

yearning ororder",

are

prepared o endorse

"medieval

torture for an act of adolescent

mischief",'

and

it is

precisely on

the

'medieval' nature

of

the sentence, and

thus

of the

government

hat has

approved t,

that

numerous

other

newspapers haye dwelled.

The

Los

Angeles

Times, claiming that Fay

hasnowpointed o the coercion if not torture

that was

applied

to extract a confession

from

him,

has drawnattention o the "well-

documented

flaws in

Singapore's authori-

tarian

ystem

of criminal ustice", such as the

limited

right

to

legal counsel and against

self-incrimination, etentionwithout rial

or

charges

for

gangsters

and

drug

traffickers,

Wand

rials

without

ury,

andcharacterised he

punishmentmposeduponFay as "asentence

from the dark

ages".9

On the

view

of one

American

ournalist,

he case of Michael

Fay

represents

n

opportunity

or

the

government

of

Singapore

o flaunt

"its

contempt

for the

western

concept

of

individual

rights",

and

though he is appreciative of the fact that

Singapore,"arguably

he

cleanest, greenest,

safest

large city

on

earth",

has created

an

extraordinarily igh

standard f

living

for ts

citizens,

he

points

to the

infringements

upon

"free

speech,

even free

thought",

and the

"constant

fear of their

government"

with

which

"manySingaporeans

ive".'0

CLASHOFCULTURES

As

might

be

expected,

a

numberof writers

havesought odescribe heaffairasacollision

of two cultures, as

an instance of "western

crime"

meeting"easternustice", he

"passion

for

graffiti",which mightalmostbe

mistaken

for the disorderof

creativity, pitted against

"an

Asian society's demandfor conformity

and rigid public order".1' o Ben Macintyre

of The Times

of London, the punishment

imposed upon Fay, and the recentmurderof

two Japanese

eenagersduring

a

car-jacking

in

Los Angeles, are wo episodes that"neatly

illustrate the gulf between American and

Asian notions of crime andpunishment".He

is certainlyright

n

stating hat n the view of

Japanesecommentators,

Americans

appear

to

have

lost

sight

of

the distinctionbetween

the life of a humanbeing andthe worthof a

motorvehicle,butwhat s

particularly

Asian'

about the use of the cane

or

the

cat-o'nine-

tails?

Flogging has a

very long history

n the

west, and in

England, it might be noted,

flogging

was abandoned with

great

reluc-

tance, its use

in

the

navy

and on

juvenile

vagrants continuing well into the 20th

century.'2

One

journalist has even recalled

that in the

US, public flogging was

a

legal

punishment n Delawarefor robbery,wife-

beating,andcertain

theroffences

as

recently

as

the 1960s.'3 If

Macintyre's

historical

memory is short, far more

disingenuous

is

Jim

Hoagland,

who suffers

rom

heopposite

defect.A

correspondentwiththeWashington

Post, Hoagland points to the fact that

Singapore

is

essentially

ruled

by

"ethnic

Chinesecitizens

who

have not

totally ost the

Han

emperors'disdain

ornon-Han

ultures".

As

Hoagland,

who

no

doubtpicked

up

a few

'facts' about

Chinese 'culture' in some

preposterous class

in

world history at the

high

school or

college

that he

attended,

argues, e affairMichaelFayis tobe viewed

alongside

the

recentconflict between the

US

and China

over human

rights,

in which

Christopher

Warrenwas

relegated

o

"a

ong

line of

powerful but loathsome-barbarians

cometo

Beijingto

meddle

n China'saffairs".

Hoagland

s

quite

insistent that

heChinese,

whether n

China,Singapore,or elsewhere,

shouldbe

compelled

o

conform

o

minimum

"international

not

American)

standardsof

civilised,

behaviour",

and

lest

anyone

be

inclined to thinkthat "American

political

or

cultural

mperialism"may

have

some

bearing

on the

matter,

he

resolutely

concludes that

"this

conflict revolves instead around

thousands fyearsof institutionalised acism

practised by

Chinese

leaders,

from the

emperornto

the chairman's

ommissars".'4

The

ghost

of 'Oriental

Despotism',

as we

surely know,

does

not rest

easily. Although

Hoagland's argument

deserves

nothing

but

contempt,

t

has

the

virtueof

bringing

o the

fore the

arrogance

of the

west,

and its

deep-

rooted

contempt

for the

other,

that

might

otherwise have

been

obfuscated.

Hoagland

belongs

to that

ilk

which

would

employ

force to make he

SingaporeanChinese,

who

are-on his

view-nothing

but

exponents

of

an "institutionalised acism" as though

the

west knew

nothing

of

this

abomination),

bend to the

dictates

of a

'global

culture'

that

must perforce

be

western in its

origin.

Although

Clinton s

absolutely

ightinhaving

described

the punishmentas

'extreme', it

is

astounding

that

some American

officials in

the state

and commerce

departments

hould

have

threatened

Singapore with reprisals

f

the

sentence is carried

out."5America

has

never known how

to negotiate with

dif-

ference, andwhereit cannot have its way, it

stands

ready

o

employ

its

militarymight.

As

one

Americanwrote

to

theNew

YorkPost, n

recommending hat the

Pentagontake

over

thematter rom he

state

department, Having

carrier-based ircraft

engage

in

threatening

manoeuvres

ust outside

Singaporeairspace

should send the island

country

our

message:

our

ability

to inflict

punishment

to

protect

ourpeople

goes

well

beyond

a

rattan ane".

6

That is

indubitably

how the

greater part of

the American

establishment eels.

What

accounts for the enthusiasm

with

which

Fay's sentence has been

received by

the American public, just as much for the

jingoistic response

of some others, is

not

the

purported

dissimilarity between two

'cultures',

but

rather

the

peculiar circum-

stance that

America and

Singapore

are

two

countries that

fully

understandeach

other.

Singapore

has,

of

course,

been one of

America's

great

friends

and

tradingpartners

in Asia.

Although conservatives

are now

feverishly pointing

to

the

authoritarianism

with which

the

regimenof 'law andorder' s

maintained n

Singapore,

as

something that

greatlyattenuates

he

economic

accomplish-

ments

of

this 'Asian

tiger',

the

support

of

authoritarian egimes has been one of the

few consistent

elements n

American

oreign

policy

over

the

course

of this

century.

The

Americanelite

has

always

hada

large spot

n

its heart

orauthoritarianeaders:

ike attracts

like,

no?

One

might recall that Jeanne

Kirpatrick,who exemplified the American

phenomenon

by

which utter

mediocrities

are

catapulted

to

positions

of

dangerous

eminence,

hadmade

he nvidious

distinction

between

'authoritarian' and

'totalitarian'

regimes

the

cornerstone f

Reagan's

foreign

policy.

Authoritarian

regimes, being sup-

portive

of the

free

market,

were

deemedto be

friendly

and

worthy

of

support,

however,

brutalthe manner n which they dealt with

their

ubjects;

otalitarian

egimes,

on account

of

their

advocacy

of

Marxism-Leninismor

some other form of

communism,

were

rendered

into targets

of American

inter-

vention and attack.

What, then,

is this

excitement

about he authoritarian

egime

of

Singapore,

America's

trusted

riend,

hetstar

pointing

to the road o

happiness,peace,

and

osperity

forAsia's

impoverished

millions?

Singapore

and

the

US

share,

as I

would

submit,

a

culture of

authoitarianism.

Hegemony

is never as successful as when it

masks power and renderscompliance

with

Economic

and

Political

Weekly

June

4,

1994

1387



4/4

those

mythsby which dominant

powers seek

to shape

and rule the world.

In

showing its

approval f the flogging

of Michael Fay,

the

much touted

'American public',

in whose

name

the

American political

leadership

pefornis

ts heroic

deeds,

has

opened

the lid

on the

can of American authoritarianism;

this lid

is now being sought

to be

put

back

into place

with

the

exhortation, to

quote

from heNew

YorkTimes, neof the principal

organs of American hegemony,- that

"America,

the

land that led the world in

decrying

ruelandunusual

punishment,

must

demonstrate

hat

orderbought

with

torture

s

never

worth he price-at home

or

abroad".

Americans can be cajoled, but

when

America's partners

in authoritanAanism,

particularly

when they

are

not

of

European

stock,

have the temerity to unmask

some

great myth,

or to upset the hierarchies

that

natureherself has supposedly

ordained,the

demonstration

must

be

of a

different

order.

How

this demonstrationmight

be achieved

is suggested by the case,

wholly unusual in

the annalsof colbnialism, of the floggin, of

Phinehas McIntosh.'"

Much like Michael

Fay,

Phinehas McIntosh, a drunk,

vain-

glorious,andwomanisingIrish out

living in

Bechuanaland nowBotswana]

n

the 1930s,

had he

babit

of

making

a

nuisanceof

himself..

At

long last,

the

native chief, Tshekedi,

ordered

hatMcIntoshbe flogged;

summoned

before

the

native

tribunal,

he

was

nicked

with

a

whip twice. The great transgression

had been committed; a

white

man

had, for

thefirsttime,

been

'flogged' by

someone

not

of his

own

race.The official reaction

was

not

merely

o

suspend

Tshekedi rom'the xercise

of his duties;a large navalforce was rushed

to the area o ensurecompliance and prevent

an

imagined rebellion.

Notes

1

See Alison

DaRosa,

'Singapore:

It's

a Small

World,

After All',

The

San Diego

Union-

Tribune April

10, 1994),

Section

F

(Travel),

pp

1-2.1 am grateful

o

MarkMairot

of UCLA

and Steven

Jon Kaplan for

New

York

for

collecting

some

of the newspaper

clippings

that

I have used

here.

2 TheTimes London),

n speaking

of the 'deep

offence

and widespreadanger

in America'

at

the sentence handeddown by the court, and

the 'storni

of protest'

from

'the American

public',

appears

o have grossly

'misjudged'

the situation.

See

Ben Macintyre,

When

Asia

Refuses

to Spare

the Rod',

The

Times

(March

31, 1994),

p

16. This is

a

case of wilful

misjudgment.

or the

slavishness

with which

Britain

usually

follows the guidance

of Amer-

ica

is bound

to lead to

the embarrassing

con-

clusion

that Britons are just

as

tolerant

as

the

Americans

of practices

like flogging.

3 KarenDeWitt,

ManyinUS

BackSingapore's

Plan

o

Flog

Youth',

New YorkTimes

April 5,

1994), p

A6.

4

See

letters

to

the

editor,

San Diego

Union-

Tribune Ap4l

8, 1994).

5 Mike Royko, 'A Flogging fora Vandal?You

Bet', San Diego Union-TribuneMarch 0,

1994), p B6.

See

also 'Many

Favour

Flogging

of Teen Vandal', San Diego

Union-Tribune

(April 2, 1994), p 1.

6

Ibid, and Letters to the Editor, San Diego

-

Union-Tribune April 8, 1994).

7 Royko, 'A Flogging for a Vandal?You Bet',

SanDiego Union-TribuneMarch 0, 1994)

pB6;

the

sociologist

is Amitai Etzioni from

George WashingtonUniversity,as quoted by

Karen

De

Witt, 'Many

n

US

Back

Singapore's

Plan oFlog Youth',New YorkTimes AprilS,

1994), p A6.

8

'Condemn Singapore's Brutality', editorial,

New YorkTimes (April 10, 1994), p 18.

9

'A Sentence

from the

Dark Ages', editorial,

Los Angeles Times (April 19, 1994), p B6.

10 Philip Sheon, 'Singapore, the Tiger Whose

Teeth

Are

Not Universally Scorned',

New

York

Times (April 10, 1994), Section E, p

5.

11

Philip Terzian, 'Use the Rod and Spoil

the

Child? Western

Crime Meets Eastern

Justice',

San

Diego Union-Tribune April

10,

1994), p G5;

Jim

Hoagland,

'A

Tagger Earns

a

Flbgging Sentence',

San

Diego Union-

Tribute (March22, 1994), p6; andMacintyre,

'When Asian Refuses to Spare the Rod',

The

Times March 1, 1994),p

16.

12

The literature

n this is

vast,

and

I

have,

explored

some of it in 'Punishment

nd'

Otherness:

logging

n

Colonial

ndia', aper

readattheConferencenChanging oncep-

tions of Rights

and

Justice

n

South

Asia,

Schoolof

Oriental

nd

African

Studies

and

the NehruMemorialMuseum nd

Library,

New Delhi,March 6-19, 1994.

13

'Public

Flogging

Has

LongHistory,

Even n

US',

San

Diego

Union-Tribune

(April 18,

1994),p A8.

14 Jim Hoagland, A

Tagger

Earns

a Flog-

ging Sentence',

San

Diego Union-Tribune

(March22, 1994), p 6, reprinted

rom

the

WashingtonPost.

15

Ibid.

16 CitedbyBen

Macintyre,

When

Asia

Refuses

to Spare he Rod', The Times March31,

1994), p 16.

17

'Condemn

ingapore'sBrutality', ditorial,

New YorkTimes April10, 1994),p 18.

18

The

story

s recounted

n

Michael

Crowder,

The Flogging of Phinehas McIntosh:A Tale

ofColonialFollyand

injustice,

Bechuanaland

1953, Yale UniversityPress, New Haven,

1988.

Economic

Liberalization

and

Indian

Agriculture

edited

by G.S.

Bhalla

A

group

of distinguished

scholars

consider

the

implications

of the

new economic

policyon

Indian

agriculture.

The

lssues

discussed rangefromthe likelyimpactof changes in macro-

economic

and tradepolicy, ncluding

the controversial

Dunkel

Text, to

policies

on pricing,technology,

agro-processing

and

rural infrastructure.

The contributors

underline

the

advantages

of improving

he efficiency

of

investments

in rural

infrastructure,

agricultural

esearch

and extension,

and

those

of optimising

the

comparative

advantage

in agriculture

through

international

rade.

They

warn

against the pitfalls

of

a sudden departure

rom

he earlier

development

trategy

and

the dangers,

of abandoning

the

goal of

food security.

Contrlbutors:

YoginderK.

Alagh

G.S.

Bhalla,

S.K.

Goyal,

S.S.

Jold, Deepak Nayyar, Narinder S. Randhawa, C.H.

Hanumantha

Rao,

Abhjif

Sen and

V.S.

Vyas

1994,

pp xviii + 398 (Royal

Size)

Rs. 300.00 (including

Postal

Charges)

Drawcheque/Draft

in favour

of:

Director,

Institute for

Studies in

Industrial

Development

rn

J

NNarendra

Niketan, I.F.

Estate,

P.O. Box

7151

New

[)elhi

-

110

002

1388

Economic and Political

Weekly

June

4, 1994


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