Ayodhya Dispute: Need for Upholding Law

Like most of the political phenomenon, even the practice of Nationalism is not a static one. It changes with the changing political equations of the political forces and assumes the expressions which are very diverse. As such the phenomenon of Nationalism has a long journey and various state policies in particular have used it for purposes which relate more to the power of the state ‘vis a vis’ its people, power of the state ‘vis a vis’ the neighboring countries among others.

In India there has been a certain change in the practices of the state which have transformed the meaning of Nationalism during last few years. Particularly with BJP, the Hindu Nationalist outfit gaining simple majority, it has unfolded the policies where one can discern the drastic change in the meaning and application of Nationalism in regard to its citizens, particularly those belonging to minority community, with regard to those who are liberal, and with those who stand with the concept of Human rights.

Our former Prime Minister of Dr. Manmohan Singh hit the nail on the head when he said that “Nationalism and the "Bharat Mata Ki Jai" slogan are being misused to construct a "militant and purely emotional" idea of India that excludes millions of residents and citizens. Former Prime Minister recently stated this in an apparent attack on the BJP.” The occasion was the release of a book, ‘Who is Bharat Mata’, edited by Purushottam Agarwal and Radhakrishna. This is a compilation of significant extracts from writings of Nehru, and important assessments of and contributions of Nehru by prominent personalities.

Dr. Singh went on to add "With an inimitable style…Nehru laid the foundation of the universities, academies and cultural institutions of Modern India. But for Nehru's leadership, independent India would not have become what it is today," This statement of Dr. Singh has great importance in contemporary times, as Nehru is being denigrated by Hindu nationalists for all the problems which India is facing today and attempts are on to undermine his role and glorifying Sardar Vallabh Bhai Patel. This is also significant as it gives us the glimpses of what Nationalism meant for Nehru.

As Singh’s statement captures the present nationalism being practiced by BJP and company, the Hindu nationalists, immediately shot back saying that Dr. Singh is supporting the anti India activities at JNU and Jamia and his party is supporting the anti India nationalists. They asked whether Singh likes the nationalism of the likes of Shashi Tharoor or Manishankar Ayer who are provoking the Shaheen Bagh protest rather than making the protestors quiet. Whether he likes the anti national protests which go on at JNU or Jamia? As per them there is no Nationalism in Congress. One more example being cited is the private visit of Shatrughan Sinha who talked to Pakistani President during his visit there recently!

Most of the arguments being used to oppose Dr. Singh are very superficial. What is being referred to; is not opposition to Indian nationalism and its central values which were the core of anti colonial struggles. While ‘Bharat Mata Ki Jai’ may not be acceptable to a section of population, even the book he was releasing has the title ‘Who is Bharat Mata’. What is being stated by Singh is the twist which slogan ‘Bharat Mata ki Jai’ has been used by Hindu nationalists to frighten the religious minorities.

Indian nation came into being on the values, which later were the foundation of Indian Constitution. Indian Constitution carefully picked up the terminology which was away from the concepts of Hindu or Muslim nationalism. That’s how the country came to be called as ‘India that is Bharat’. The freedom of expression which was the hallmark of freedom movement and it was given a pride of place in our Constitution. It respected the diversity and formulated rules where the nation was not based on particular culture, as Hindu nationalists will like us to believe, but cultural diversity was centrally recognized in the Constitution. In addition promoting good relations with neighbors and other countries of the World was also part of our principles.

JNU, Jamia and AMU are being demonized as most institutions so far regard the freedom of expression as a core part of Indian democracy. These institutions have been thriving on discussions and debates which have base in liberalism. Deliberately some slogans have been constructed to defame these institutions. While Constitution mandates good relations with neighbors, creation of ‘Anti Pakistan hysteria’ is the prime motive of many a channels and sections of other media, which are servile to the ideology of ruling Government. They also violate most of the norms of ethical journalism, where the criticism of the ruling party is an important factor to keep the ruling dispensation in toes.

A stifling atmosphere has been created during last six years. In this the Prime Minster can take a detour, land in Pakistan to have a cup of tea with Pakistan PM, but a Congress leader talking to Pakistani President is a sign of being anti National. Students taking out a march while reading the preamble of Indian Constitution are labeled as anti-national; and are stopped while those openly wielding guns near Jamia or Shaheen Bagh roam freely.

Nationalism should promote amity and love of the people; it should pave the way for growth and development. Currently the nationalism which is dominant and stalking the streets has weakened the very fraternity, which is one of the pillars of our democracy. Nehru did explain that Bharat Mata is not just our mountains, rivers and land but primarily the people who inhabit the land. Which nationalism to follow was settled during the freedom movement when Muslim nationalism and Hindu nationalism were rejected by the majority of people of India in favor of the Nationalism of Gandhi, Nehru, Patel and Maulana Azad, where minorities are equal citizens, deserving affirmative action. In today’s scenario the Hindu nationalists cannot accept any criticism of their policies.

In the wake of Citizenship Amendment Act (CAA) UN High Commissioner, Michele Bachelet, has filed an intervention in the Supreme Court petition challenging the constitutionality of the Citizenship Amendment Act, as she is critical of CAA. Responding to her, India’s Foreign Minister S. Jai Shanker strongly rebutted her criticism, saying that the body (UNHCR) has been wrong and is blind to the problem of cross border terrorism. The issue on hand is the possibility of scores of people, mainly Muslims, being declared as stateless. The problem at hand is the massive exercise of going through the responses/documents from over 120 crore of Indian population and screening documents, which as seen in Assam, yield result which are far from truthful or necessary.

The issue of CAA has been extensively debated and despite heavy critique of the same by large number of groups and despite the biggest mass opposition ever to any move in Independent India, the Government is determined on going ahead with an exercise which is reminiscent of the dreaded regimes which are sectarian and heartless to its citizens, which have indulged in extinction of large mass of people on grounds of citizenship, race etc. The Foreign minister’s assertion is that it is a matter internal to India, where India’s sovereignty is all that matters! As far as sovereignty is concerned we should be clear that in current times any sovereign power has to consider the need to uphold the citizenship as per the principle of non-discrimination which is stipulated in Art.26 of the International Covenant on Civil and Political (ICCPR) rights.

Can such policies, which affect large number of people and are likely to affect their citizenship be purely regarded as ‘internal’? With the World turning into a global village, some global norms have been formulated during last few decades. The norms relate to Human rights and migrations have been codified. India is also signatory to many such covenants in including ICCPR, which deals with the norms for dealing with refugees from other countries. One is not talking of Chicago speech of Swami Vivekanand, which said that India’s greatness has been in giving shelter to people from different parts of the World; one is also not talking of the Tattariaya Upanishad’s ‘Atithi Devovhav’ or ‘Vasudhaiva Kutumbkam’ from Mahaupanishad today.

What are being talked about are the values and opinions of organizations which want to ensure to preserve of Human rights of all people Worldwide. In this matter India is calling United Nations body as ‘foreign party’; having no locus standi in the case as it pertains to India’s sovereignty. The truth is that since various countries are signatories to UN covenants, UN bodies have been monitoring the moves of different states and intervening at legal level as Amicus (Friend of the Court) to the courts in different countries and different global bodies. Just to mention some of these, UN and High Commissioner for Human Rights has often submitted amicus briefs in different judicial platforms. Some examples are their intervention in US Supreme Court, European Court of Human Rights, International Criminal Court, and the Inter-American Court of Human Rights. These are meant to help the Courts in areas where UN bodies have expertise.

 Expertise on this has been jointly formulated by various nations. These interventions also remind the nations as to what global norms have been evolved and what are the obligations of individual states to the values which have evolved over a period of time. Arvind Narrain draws our attention to the fact that, “commission has intervened in the European Court of Human Rights in cases involving Spain and Italy to underscore the principle of non-refoulement, which bars compulsory expulsion of illegal migrants… Similarly, the UN has intervened in the International Criminal Court in a case against the Central African Republic to explicate on the international jurisprudence on rape as a war crime.”

From time to time organizations like Amnesty International and Human Rights Watch have been monitoring the status of Human rights of different countries. This puts those countries in uncomfortable situation and is not welcome by those establishments. How should this contradiction between ‘internal matter’, ‘sovereignty’ and the norms for Human rights be resolved? This is a tough question at the time when the freedom indices and democratic ethos are sliding downwards all over the world. In India too has slid down on the scale of these norms.

In India we can look at the intervention of UN body from the angle of equality and non discrimination. Democratic spirit should encourage us to have a rethink on the matters which have been decided by the state. In the face of the greatest mass movement of Shaheen bagh, the state does need to look inwards and give a thought to international morality, the spirit of global family to state the least.

The popular perception is that when Christians were being persecuted in Kandhmal the global Christian community’s voice was not strong enough. Currently in the face of Delhi carnage many a Muslim majority countries have spoken. While Mr. Modi claims that his good relations with Muslim countries are a matter of heartburn to the parties like Congress, he needs to relook at his self gloating. Currently Iran, Malaysia, Indonesia and many Muslim majority countries have spoken against what Modi regime is unleashing in India. Bangladesh, our neighbor, has also seen various protests against the plight of Muslims in India. More than the ‘internal matter’ etc. what needs to be thought out is the moral aspect of the whole issue. We pride ourselves in treading the path of morality. What does that say in present context when while large section of local media is servile to the state, section of global media has strongly brought forward what is happening to minorities in India.   

The hope is that Indian Government wakes up to its International obligations, to the worsening of India’s image in the World due to CAA and the horrific violence witnessed in Delhi.

As democracy is seeping in slowly all over the world, there is an organization which is monitoring the degree of democracy in the individual countries, The Economist Intelligence Unit. As such in each country there are diverse factors which on one hand work to deepen it, while others weaken it. Overall there is a march from theoretical democracy to substantive one. The substantive democracy will herald not just the formal equality, freedom and community feeling in the country but will be founded on the substantive quality of these values. In India while the introduction of modern education, transport, communication laid the backdrop of beginning of the process, the direction towards deepening of the process begins with Mahatma Gandhi when he led the non-cooperation movement in 1920, in which average people participated. The movement of freedom for India went on to become the ‘greatest ever mass movement’ in the World.

The approval and standards for democracy were enshrined in Indian Constitution, which begins ‘We the people of India’, and was adopted on 26th January 1950. With this Constitution and the policies adopted by Nehru the process of democratization started seeping further, the dreaded Emergency in 1975, which was lifted later restored democratic freedoms in some degree. This process of democratisation is facing an opposition since the decade of 1990s after the launch of Ram Temple agitation, and has seen the further erosion with BJP led Government coming to power in 2014. The state has been proactively attacking civil liberties, pluralism and participative political culture with democracy becoming flawed in a serious way. And this is what got reflected in the slipping of India by ten places, to 51st, in 2019. On the index of democracy India slipped down from the score of 7.23 to 6.90. The impact of sectarian BJP politics is writ on the state of the nation, country.

Ironically this lowering of score has come at a time when the popular protests, the deepening of democracy has been given a boost and is picking up with the Shaheen Bagh protests. The protest which began in Shaheen Bagh, Delhi in the backdrop of this Government getting the Citizenship amendment Bill getting converted into an act and mercilessly attacking the students of Jamia Milia Islamia, Aligarh Muslim University along with high handed approach in Jamia Nagar and neighbouring areas.  From 15th December 2019, the laudable protest is on.

It is interesting to note that the lead in this protest has been taken by the Muslim women, from the Burqa-Hijab clad to ‘not looking Muslim’ women and was joined by students and youth from all the communities, and later by the people from all the communities. Interestingly this time around this Muslim women initiated protest has contrast from all the protests which earlier had begun by Muslims. The protests opposing Shah Bano Judgment, the protests opposing entry of women in Haji Ali, the protests opposing the Government move to abolish triple Talaq. So far the maulanas from top were initiating the protests, with beard and skull cap dominating the marches and protests. The protests were by and large for protecting Sharia, Islam and were restricted to Muslim community participating.

This time around while Narendra Modi pronounced that ‘protesters can be identified by their clothes’, those who can be identified by their external appearance are greatly outnumbered by all those identified or not identified by their appearance.

The protests are not to save Islam or any other religion but to protect Indian Constitution. The slogans are structured around ‘Defence of democracy and Indian Constitution’. The theme slogans are not Allahu Akbar’ or Nara-E-Tadbeer’ but around preamble of Indian Constitution. The lead songs have come to be Faiz Ahmad Faiz’s ‘Hum Dekhenge’, a protest against Zia Ul Haq’s attempts to crush democracy in the name of religion. Another leading protest song is from Varun Grover, ‘Tanashah Aayenge…Hum Kagaz nahin Dikhayenge’, a call to civil disobedience against the CAA-NRC exercise and characterising the dictatorial nature of the current ruling regime.

While BJP was telling us that primary problem of Muslim women is Triple talaq, the Muslim women led movements has articulated that primary problem is the very threat to Muslim community. All other communities, cutting across religious lines, those below poverty line, those landless and shelter less people also see that if the citizenship of Muslims can be threatened because of lack of some papers, they will be not far behind in the victimization process being unleashed by this Government.

While CAA-NRC has acted as the precipitating factor, the policies of Modi regime, starting from failure to fulfil the tall promises of bringing back black money, the cruel impact of demonetisation, the rising process of commodities, the rising unemployment, the divisive policies of the ruling dispensation are the base on which these protest movements are standing. The spread of the protest movement, spontaneous but having similar message is remarkable. Shaheen Bagh is no more just a physical space; it’s a symbol of resistance against the divisive policies, against the policies which are increasing the sufferings of poor workers, the farmers and the average sections of society.

What is clear is that as identity issues, emotive issues like Ram Temple, Cow Beef, Love Jihad and Ghar Wapasi aimed to divide the society, Shaheen Bagh is uniting the society like never before. The democratisation process which faced erosion is getting a boost through people coming together around the Preamble of Indian Constitution, singing of Jan Gan Man, waving of tricolour and upholding the national icons like Gandhi, Bhagat Singh, Ambedkar and Maulana Azad. One can feel the sentiments which built India; one can see the courage of people to protect what India’s freedom movement and Indian Constitution gave them.

Surely the communal forces are spreading canards and falsehood against the protests. As such these protests which is a solid foundation of our democracy. The spontaneity of the movement is a strength which needs to be channelized to uphold Indian Constitution and democratic ethos of our beloved country.