‘Electoral Process is a Secular Activity’

[email protected] (Ram Puniyani)
January 20, 2017

The word secularism has been brought to disrepute during last few decades. Secularism stands in India for equal respect for all religions and the principle that the state policies will not be dictated by religions. This is the central theme of Indian constitution. Its flawed practice by ruling parties has been used as a pretext by communal elements to downgrade it and the very principles of secularism itself have been questioned. The Supreme Court seven bench judgment that electoral process is a secular activity comes as a big relief for all those who uphold the underlying currents of justice inherent in the values of pluralism. The judgment says that India is a Secular State; elections in a secular state must not violate Principles of Secularism. It states that the Misuse of Religion for Political ends --violation of Section 123 of the Representation of People's Act amounts to a corrupt practice under Indian election law, and further that the onus of preserving the sanctity and purity of the election Process lies not just with the candidate contesting the election, but his/her agent, the manifesto on which he/she contests.

commision2The judgment states that the function of an elected representative must be secular in both outlook and practice as these values also emphasize that there should be affirmative action for the religious minorities; this is as well the part ingrained in the values of justice, which forms the foundation of secular democracies. This judgment gives a new rejuvenating strength to the inherent principles of secularism which the founding fathers of Indian Constitution envisaged.

The judgment has been welcomed by many political streams, including the one’s which have been questioning the secular values and which have built their electoral strength on the identity issues of religion. While it has shown the path for plural India, the India where the dignity and rights of all are respected at the same time, at the same time many challenges also need to be envisaged in the practice of this verdict.

The whole exercise which brought in this judgment began with the interventions which wanted the court to revisit the notorious “Hindutva Judgment’ of 1995, associated with the name of Justice Varma. That judgment held that Hinduism-Hindutva is multifarious, diverse, ‘difficult to define’ so it is a ‘way of life’. The confusions on which that judgment was based are due to the very nature of Hinduism, where there is no single prophet and diverse and conflicting religious traditions prevailing in this area have been brought under the umbrella of Hinduism. Still all said and done Hinduism is a religion by all theological and sociological considerations, as it has holy books, rituals, clergy, Gods-Goddesses and most other parameters for calling it a religion. This time the Court has not opined on this crucial aspect of the 1995 judgment, which needs to be revisited and revised keeping in mind its perception as a religion among the millions of Hindus.

Not addressing this issue has left the ground open for the section of communalists to continue to appeal in the name of Hidnuism-Hindutva and to escape being punished under provisions of people’s representation act. This discrepancy is not welcome as the major communal streams can merrily indulge in the use of religion for electoral ground and at the same time to escape the penal provisions of law. Secondly, use of “religions’ identify” has been the ground on which violence and polarization has been taking place. Take for example the issue of Ram Temple or beef; it gives a clear communal message. The use of this for political mobilization has been the major phenomenon over last over three decades. The Court verdict has nothing to say on these types of issues, which are an appeal to mobilize the community in the name of religion. This political abuse of religion’s identity for electoral power is antithetical to secular values. How does the country get over these emotive issues which create a political malpractice in a deeper sense? Unless these are addressed the political tendencies will keep finding more and more ground to appeal in the name of religion, though this appeal will be more subtle but will be having the same outcome.

One recalls that before the general elections of 2014, Mr. Narendra Modi In one of his speeches in Mumbai said that ‘I am born in a Hindu family: I am a nationalist, so I am a Hindu nationalist’. Massive hoardings were put up all over Mumbai to give this message. Will it come under corrupt practice or not? The hate speeches like the ones’ of AkbarUddin Owaisi and the large section of RSS combine like Yogi Adityanath, Pravin Togadia, Sadhvi Nirnajan Jyoti and their ilk is a deeper appeal to the religion of the electorate. Should it amount to corrupt electoral practice or not? There is a lot of symbolism which gives the message of religion, like using Islamic symbols by some, and using Hindu symbols, Hindu gods and goddesses in the posters of the candidates. Some candidates have been comparing themselves this or that god or goddesses, where will we put such a practice? Some time ago, UP BJP Chief, K.P. Maurya was shown posing as Lord Krishna facing the Kauravas of Yadav family were put up, how does one let it pass if elections and politics are secular enterprise?

On the other side will come the issues related to the marginalized sections of society. Demands for the neglected poor deprived sections may be related to caste or religion. Since the beginning of republic some communities have remained disadvantaged or victimized due to multiple factors. Adivasis, Dalits and religious minorities do fall in this category. There are enough reports showing the plight of these sections, Sachar Committee report being one example. These sectional demands fall under the category of ‘affirmative action’, which is integral part of the secular democratic nature of our Constitution. They cannot be labeled as an appeal to religion or caste in any way.

While Supreme Court has shown the way, overcoming the existing lacuna in the practice of secular values need to be restored in the society, and that will pave the way for justice and peace in the real sense.

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Ram Puniyani
March 14,2020

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.

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Ram Puniyani
February 13,2020

Forthcoming Census and RSS campaign

Currently massive protests are going on against NPR, NCR and CAA. At the same time we are going to begin the process of decadal census in 2021. Already RSS is active in promoting NPR, NCR and CAA. At the same time RSS wants that Adivasis should register themselves as Hindus rather than ticking the column of ‘Others’. As per their spokesperson in the 2011 census many Adivasis groups ticked that column because of which the population of Hindus came down to by 0.7 percent point to come down to 79.8 %. This has sent signals to this Hindu nationalist organization and is planning to ensures that Adivasis tick the column of Hindus in this census.

As such RSS has a very clever attitude in defining the term Hindu. The first formulation was by Savakakar who said that all those who regard the land east of Indus as their Holy land and Father land are Hindus. This left out Muslims and Christians, and brought all others in the ambit of Hindu fold. From the decade of 1980s due to electoral compulsions they have been trying to articulate that all those who are living in India are Hindus. Murli Manohar Joshi stated that Muslims are Ahmadiya Hindus and Christians are Christi Hindus. Recently there was a controversy when they restated that Sikhs are not a separate religion but are a sect of Hinduism. Many Sikh organizations stood up to say that Sikhism is a religion by itself and recalled the book of Kahan Singh Nabha, “Hum Hindu Nahin”

As far as Adivasis are concerned in contrast to what is being planned by Hindu nationalist RSS, many Adivasis groups have been meeting from last couple of years to demand just the contrary. As per them there should be a column where they can tick their identity of Adivasis.  There are active campaigns among Adivasis groups to uphold their Adivasi identity in Census. As per them in the first census which was conducted in Independent India, the column, Aborigines, was there, which was later removed forcing them to club themselves with other religions.

After 1951 in addition to Hindu, Muslim, Sikh, Christian, Jain and Buddha, the column ‘others’ was also there which was removed in 2011. Even during British period if you look at the censuses of the British era (from 1871 to 1931); there was provision for tribes to choose Aborigine as an option. There are nearly 83 religious practices being followed by Adivasis. Few major of these are Sarna, Gondi, Punem, Adi, and Koya. What they share in common is that they are animists, worship nature and spirit of ancestors; do not have priestly class or Holy Scriptures and Gods and Goddesses characteristic of the broad Hindu pantheon.

RSS as per its political agenda of Hindu Nation regards them as Vanvasi. They pontificate that they have been part of Hindu society who were driven away to forests to escape the forcible conversion being done by the Muslim invaders. This concoction is contrary to the interpretations based on the studies from population genetics. The Hindu nationalist argues that Aryans have been the original inhabitants of the country from where they spread to other parts of the World. The book by Tony Joseph, ‘Early Indians’ tells us that away from the race theory, we are all mixed up. The first inhabitants in our land were the ones who emigrated from South Asia over Sixty thousand years ago.

The Indo-Aryans came here nearly three thousand years ago and they pushed the aborigines to the forests and hills and that’s what constitutes the Adivasi community of India.

Hindu Nationalists like all the nationalists who construct their nationalism around their religion claim to be the most original inhabitants of the land, and their interpretations of past are molded according to that. RSS right from beginning has not been using the word Adivasi, it calls them Vanvasi. As per its agenda it wants them to be part of Hindu fold, despite Adivasis themselves saying that they are not Hindus, they have beliefs and practices which are far away from Hinduism in whatever form.

To enhance its political reach from the decades of 1980s in particular its work in Adivasis areas has been intensified. While ‘Vanvasis Kalyan Ashram’, part of RSS Combine which was formed much earlier, it was in the decades of 1980s that their work was jacked up by sending more Pracharaks in Adivasi areas. We see that in Gujarat, Dangs and nearby area, Swami Aseemanand, in MP, centered around Jhabua-the followers of Asaram Bapu and in Orissa Swami Laxmananad stationed them. They saw Christian missionaries working in the field of education and health as an obstacle to Hinduization of Adivasis. Their propaganda against Christian missionaries led to the ghastly murder of Pastor Graham Stains. It was this propaganda which led to anti Christian violence in various forms, the most horrific being the Kandhamal violence of 2008.

In order to culturally co-opt them into the fold of Hinduism they began series of religious congregations, Kumbhs. Shabri Kumbh in Dangs and many other Adivasis predominant areas created an atmosphere of fear, Adivasis were asked to be part of it, saffron flags were distributed and they were made to put it in their houses. Two religious icons were popularized in these areas, one was Shabri and other was Hanuman. To cap it all, Ekal Vidyalayas, started spreading RSS’s interpretation of history in these areas. The other angle of the whole thing is that Adivasis are living in the areas rich in minerals, which the BJP supporter Corporate World wants to take over.

World over aborigines have similar pattern. They are animists and what they practice is a culture as such. Many have converted to other religions out of their choice for sure, but finally in these matters what is important is the self perception. Hemant Soren the Chief Minister of Jharkhand pointed out that “Adivasis are not Hindus. ”Keeping that in mind; the column of Aborigines needs to find its place in our census forms.

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Ram Puniyani
February 10,2020

Noam Chomsky is one of the leading peace workers in the world. In the wake of America’s attack on Vietnam, he brought out his classic formulation, ‘manufacturing consent’. The phrase explains the state manipulating public opinion to have the public approve of it policies—in this case, the attack of the American state on Vietnam, which was then struggling to free itself from French colonial rule.

In India, we are witness to manufactured hate against religious minorities. This hatred serves to enhance polarisation in society, which undermines India’s democracy and Constitution and promotes support for a Hindu nation. Hate is being manufactured through multiple mechanisms. For example, it manifests in violence against religious minorities. Some recent ghastly expressions of this manufactured hate was the massive communal violence witnessed in Mumbai (1992-93), Gujarat (2002), Kandhamal (2008) and Muzaffarnagar (2013). Its other manifestation was in the form of lynching of those accused of having killed a cow or consumed beef. A parallel phenomenon is the brutal flogging, often to death, of Dalits who deal with animal carcasses or leather.

Yet another form of this was seen when Shambhulal Regar, indoctrinated by the propaganda of Hindu nationalists, burned alive Afrazul Khan and shot the video of the heinous act. For his brutality, he was praised by many. Regar was incited into the act by the propaganda around love jihad. Lately, we have the same phenomenon of manufactured hate taking on even more dastardly proportions as youth related to Hindu nationalist organisations have been caught using pistols, while police authorities look on.

Anurag Thakur, a BJP minster in the central government recently incited a crowd in Delhi to complete his chant of what should happen to ‘traitors of the country...” with a “they should be shot”. Just two days later, a youth brought a pistol to the site of a protest at Jamia Millia Islamia university and shouted “take Azaadi!” and fired it. One bullet hit a student of Jamia. This happened on 30 January, the day Nathuram Godse had shot Mahatma Gandhi in 1948. A few days later, another youth fired near the site of protests against the CAA and NRC at Shaheen Bagh. Soon after, he said that in India, “only Hindus will rule”.

What is very obvious is that the shootings by those associated with Hindu nationalist organisations are the culmination of a long campaign of spreading hate against religious minorities in India in general and against Muslims in particular. The present phase is the outcome of a long and sustained hate campaign, the beginning of which lies in nationalism in the name of religion; Muslim nationalism and Hindu nationalism. This sectarian nationalism picked up the communal view of history and the communal historiography which the British introduced in order to pursue their ‘divide and rule’ policy.

In India what became part of “social common sense” was that Muslim kings had destroyed Hindu temples, that Islam was spread by force, and that it is a foreign religion, and so on. Campaigns, such as the one for a temple dedicated to the Hindu god Rama to be built at the site where the Babri masjid once stood, further deepened the idea of a Muslim as a “temple-destroyer”. Aurangzeb, Tipu Sultan and other Muslim kings were tarnished as the ones who spread Islam by force in the subcontinent. The tragic Partition, which was primarily due to British policies, and was well-supported by communal streams also, was entirely attributed to Muslims. The Kashmir conflict, which is the outcome of regional, ethnic and other historical issues, coupled with the American policy of supporting Pakistan’s ambitions of regional hegemony, (which also fostered the birth of Al-Qaeda), was also attributed to the Muslims.

With recurring incidents of communal violence, these falsehoods went on going deeper into the social thinking. Violence itself led to ghettoisation of Muslims and further broke inter-community social bonds. On the one hand, a ghettoised community is cut off from others and on the other hand the victims come to be presented as culprits. The percolation of this hate through word-of-mouth propaganda, media and re-writing of school curricula, had a strong impact on social attitudes towards the minorities.

In the last couple of decades, the process of manufacturing hate has been intensified by the social media platforms which are being cleverly used by the communal forces. Swati Chaturvedi’s book, I Am a Troll: Inside the Secret World of the BJP’s Digital Army, tells us how the BJP used social media to spread hate. Whatapp University became the source of understanding for large sections of society and hate for the ‘Other’, went up by leaps and bounds. To add on to this process, the phenomenon of fake news was shrewdly deployed to intensify divisiveness.

Currently, the Shaheen Bagh movement is a big uniting force for the country; but it is being demonised as a gathering of ‘anti-nationals’. Another BJP leader has said that these protesters will indulge in crimes like rape. This has intensified the prevalent hate.

While there is a general dominance of hate, the likes of Shambhulal Regar and the Jamia shooter do get taken in by the incitement and act out the violence that is constantly hinted at. The deeper issue involved is the prevalence of hate, misconceptions and biases, which have become the part of social thinking.

These misconceptions are undoing the amity between different religious communities which was built during the freedom movement. They are undoing the fraternity which emerged with the process of India as a nation in the making. The processes which brought these communities together broadly drew from Gandhi, Bhagat Singh and Ambedkar. It is these values which need to be rooted again in the society. The communal forces have resorted to false propaganda against the minorities, and that needs to be undone with sincerity.

Combating those foundational misconceptions which create hatred is a massive task which needs to be taken up by the social organisations and political parties which have faith in the Indian Constitution and values of freedom movement. It needs to be done right away as a priority issue in with a focus on cultivating Indian fraternity yet again.

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