‘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 8,2020

They say ‘history repeats itself first as a tragedy and then as a farce’. In case of India, communal violence not only keeps repeating itself, the pattern of the tragedy keeps changing every next time. Some features of the violence are constant, but they are under the wraps mostly. The same can be said about the Delhi violence (February 2020). The interpretations, the causative factors are very discernible, but those who are generally the perpetrators have a knack of shifting the blame on the victim community or those who stand for the victims.

As the carnage began presumably in the aftermath of statement of Kapil Mishra of BJP, which was given in front of a top police official, in which he threatened to get the roads emptied. The roots of violence were sown earlier. The interpretations given by the Hindu Nationalist camp is that the riot is due to the changing demographic profile of the area with Muslims increasing in number in those areas, and coming up of Shaheen Bagh which was presented was like ‘Mini Pakistan’. As per them the policies of BJP in matters of triple talaq, Article 370 and CAA, NPR, NRC has unnerved the ‘radical’ elements and so this violence.

As such before coming to the observations of the activists and scholars of communal violence in India, we can in brief say that violence, in which nearly 46 people have died, include one from police and another from intelligence. Majority victims are Muslims. The violence started right under the nose of the police and the ruling party. From the videos and other eye accounts, police not only looked the other way around, at places it assisted those attacking the innocent victims and burning and looting selective shops. Home minister, Amit Shah, was nowhere on the scene. For first three days the rioters had free run. After the paramilitary force was brought in; the violence simmered and slowly reduced in intensity. The state AAP Government, which in a way is the byproduct of RSS supported Anna Hazare movement, was busy reading Hanuman Chalisa and praying at Rajghat with eyes closed to the mayhem going in parts of Delhi.

Communal violence is the sore point of Indian society. It did begin during colonial period due to British policy of ‘Divide and Rule’. At root cause was the communal view of looking at history and pro active British acts to sow the seeds of Hindu-Muslim divide. At other level the administrative and police the British were fairly neutral. On one hand was the national movement, uniting the people and creating and strengthening the fraternal feeling among all Indians. On the other were Muslim Communalists (Muslim League) and Hindu Communalists (Hindu Mahasabha, RSS) who assisted the British goal of ‘divide and rule’ promoting hatred between the communities. After partition the first major change was the change in attitude of police and administration which started tilting against Muslims. Major studies by Dr. Asghar Ali Engineer, Paul Brass and Omar Khalidi demonstrated that anti Muslim bias is discernible in during and after the riots.

Now the partisan role of police has been visible all through. Sri Krishna Commission report brought forth this fact; as did the research of the Ex DIG of UP police Dr. V.N.Rai. Dr. Rai’s studies also concluded that no communal violence can go on beyond 24 hours unless state administration is complicit in the carnage. In one of the violence, investigation of which was done by concerned Citizen’s team (Dhule, 2013) this author observed that police itself went on to undertake the rampage against Muslims and Muslim properties.

General observation about riots is that violence sounds to be spontaneous, as the Home Minister is pointing out, but as such it is well planned act. Again the violence is orchestrated in such a way that it seems Muslims have begun the riots. Who casts the First stone? To this scholars point out that the carnage is so organized that the encircled community is forced to throw the first stone. At places the pretext is made that ‘they’ (minorities) have thrown the first stone.

The pretexts against minorities are propagated, in Gujarat violence Godhra train burning, in Kandhamal the murder of Swami Laxamannand and now Shaheen bagh! The Hindu Muslim violence began as riots. But it is no more a riot, two sides are not involved. It is plain and simple anti Minority violence, in which some from the majority are also the victims.

This violence is possible as the ‘Hate against this minority’ is now more or less structural. The deeper Hate against Muslims and partly against Christians; has been cultivated since long and Hindu nationalist politics, right from its Shakhas to the social media have been put to use for spreading Hatred. The prevalent deeper hate has been supplanted this time by multiple utterances from BJP leaders, Modi (Can be recognized by clothes), Shah (press EVM machine button so hard that current is felt in Shaheen Bagh), Anurag Thakur (Goli (bullet) Maro) Yogi Aditya Nath (If Boli (Words)Do not work Goli will) and Parvesh Varma (They will be out to rape).

The incidental observation of the whole tragedy is the coming to surface of true colors of AAP, which not only kept mum as the carnage was peaking but also went on to praise the role of police in the whole episode. With Delhi carnage “Goli Maro” seems to be becoming the central slogan of Hindu nationalists. Delhi’s this violence has been the first one in which those getting killed are more due to bullets than by swords or knifes! Leader’s slogans do not go in vain! Courts the protectors of our Constitution seem to be of little help as if one of them like Murlidhar Rao gives the verdict to file against hate mongers, he is immediately transferred.

And lastly let’s recall the academic study of Yale University. It concludes; BJP gains in electoral strength after every riot’. In India the grip of communalism is increasing frighteningly. Efforts are needed to combat Hate and Hate mongers.

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Ram Puniyani
February 29,2020

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.

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Ram Puniyani
January 9,2020

‘Go to Pakistan’ has probably been most often used phrase used against Muslims in India. Recently in yet another such incident the SP of Meerut, UP has been in the news and a video is circulating where he, Akhilesh Narayan Singh, is allegedly using the jibe ‘Go to Pakistan’. In the video he is seen shouting at protestors at Lisari Gate area in Meerut, “The ones (protestors) wearing those black or yellow armbands, tell them to go to Pakistan”. His seniors stood by him calling it ‘natural reaction to shouting of pro Pakistan slogans. Many BJP leaders like Uma Bhararti also defended the officer. Breaking ranks with fellow politicians, Mukhtar Abbas Naqvi of BJP, criticised the said officer and asked for suitable action against him. Interestingly this is same Naqvi, who earlier when the beef related arguments were going on; had stated that those who want to eat beef can go to Pakistan.

Interestingly this is probably the first time that any BJP leader has opposed the use of this jibe against the Indian Muslims. True to the dominance of trolls who support divisive politics, Naqvi has been trolled on the issue. As such vibe ‘Go to Pakistan’ has been a strong tool in the hands of aggressive elements to demonise Muslims in general and to humiliate those with Muslim names. One recalls that when due to the rising intolerance in the society many eminent writers, film makers were returning their awards, Aamir Khan said that his wife Kiran Rao is worried about their son. Immediately BJP worthies like Giriraj Singh pounced on him that he can go to Pakistan.

The strategy of BJP combine has been on one hand to use this ‘go to Pakistan’ to humiliate Muslims on the other from last few years another Pakistan dimension has been added. Those who are critical of the policies of BJP-RSS have on one hand been called as anti National and on the other it is being said that ‘they are speaking the language of Pakistan’.

Use of Pakistan to label the Muslims and dissidents here in India has been a very shrewd tool in the hands of communal forces. One remembers that the ‘cricket nationalism’ was also the one to use it. In case of India-Pakistan cricket match, the national hysteria, which it created, was also aiming at Indian Muslims. What was propagated was that Indian Muslims cheer for Pakistan victory and they root for Pakistan. There was an unfortunate grain of truth in this as a section of disgruntled, alienated Muslim did that. That was not the total picture, as most Indian Muslims were cheering for Indian victory. Many a Muslim cricketers contributed massively to Indian cricket victories. The cricket legends like Nawab Mansoor Ali Khan Pataudi, Irfan Pathan, and Mohammad Azaruddin are just the few among the long list of those who brought glories for India in the field of cricket.

Even in matters of defence there are legions of Muslims who contributed to Indian efforts in the war against Pakistan all through. Abdul Hamid’s role in 1965 India Pak war and the role of Muslim soldiers in Kargil war will be part of Indian military history. There have been generals in army who contributed in many ways for the role which military has been playing in service of the nation. General Zamiruddin Shah, when asked to handle Gujarat carnage, does recount how despite the lack of support from local administration for some time, eventually the military was able to quell the violence in some ways.

During freedom movement Muslims were as much part of the struggle against British rule as any other community. While the perception has been created that Muslims were demanding Pakistan, the truth is somewhere else. It was only the elite section of Muslims who supported the politics of Muslim League and later the same Muslim League could mobilize some other section and unleash the violence like ‘Direct Action’ in Kolkata, which in a way precipitated the actual process of partition, which was the goal of British and aim of Muslim League apart from this being the outcome of ‘Two Nation theory’.

Not much is popularized about the role of great number of Muslims who were part of National movement, who steadfastly opposed the idea and politics which led to the sad partition of the subcontinent. Few excellent accounts of the role of Muslims in freedom movement like Syed Nasir Ahmad, Ubaidur Rahman, Satish Ganjoo and Shamsul Islam are few of these not too well know books which give the outline of the great Muslim freedom fighters like Khan Abdul Gaffar Khan, Maulana Abul Kalam Azad, Ansari Brothers, Ashfaqulla Khan.

Immediately after partition tragedy the communal propaganda did the overdrive to blame the whole partition process on Muslim separatism, this totally undermined the fact that how poor Muslims had taken out massive marches to oppose the Lahore Resolution of separate Pakistan moved by Mohammad Ali Jinnah. The whole Muslim community started being seen as the homogenous, ‘The other’ and other misconceptions started against the community, the one’s relating them to atrocities of Muslim kings started being made as the part of popular folklore, leading the Hate against them. This Hate in turn laid the foundation of violence and eventual ghettoisation of this community.

The interactive-syncretism prevalent in India well presented by Gandhi-Nehru was pushed to the margins as those believing in pluralism did not actively engage with the issue. The economic marginalization of this community, coupled with the increasing insecurity in turn led to some of them to identify with Pakistan, and this small section was again presented as the representative of the whole Muslim community.

Today the battle of perception is heavily tilted against the Muslim community. It is a bit of a surprise as Naqvi is differing from his other fellow colleagues to say that the action should be taken against the erring police officer. The hope is that all round efforts are stepped up to combat the perception constructed against this religious minority in India. 

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Prakash SS
 - 
Thursday, 9 Jan 2020

it is very much understandable if Pakistan is bad country our PM Namo would never visited without any invitation, that time Pakistan was good he prised their Mutton biriyani and Karak chai in pakistan. we feel something is wrong with our PM and his chelas. 

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