‘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
May 2,2020

India has tragically witnessed the phenomenon of lynching becoming dominant during last few years. It was particularly around the issue of Holy Cow-Beef, that lynchings became more prevalent and two communities had to face the brunt of it, Muslims and dalits. The IndiaSpend data showed the rise of the incidents from 2014 and that close to 90% of victims were Muslims or dalits. Some notorious cases of lynchings were the one of Akhlaq, Junaid, Alimuddin Ansari, the beatings of dalits in Una. At another level it is during this period that the noted social worker Swami Agnivesh was also subjected to humiliating beating in the public. The communal color in India by now is so strong that many events, even before the details are known, are looked at from the communal color and false social noises start even before real facts are known.

Nothing can exemplify this more than the tragic lynching of two sadhus and their driver in Gadchinal village, near Palghar, a city nearly 110 Kilomenters from Mumbai. As the news of this tragedy spread the BJP leaders immediately started blaming Muslim minority for the crime. Nalin Kohli in an Interview to a German Channel said so. Not to be left behind Sambit Patra, the BJP spokesperson launched a tirade  against the liberals-seculars for their silence on the issue. As the matter stands the truth comes out that those sadhus were travelling to Surat from Kandivli area of Mumbai. It is a period of lockdown and they did not have the permission so they were avoiding the highway travel and going through interior routes. On this route was a village Gadchinale, an Adivasi dominated village where this tragedy took place.

During the lockdown period due to Corona virus the economic and social deprivation of poor people is extreme. Many rumors are floating there. In this village the rumor doing rounds was that a gang of chid lifters is roaming in different guises. Thats what these Sadhus were taken to be. Since the victims were Hindus and culprits are deliberately presumed to be from the other community. One recalls that to trigger the Mumbai violence in 1992-93 the incidence of murder of two Mathadi workers (HIndus) and burning of Bane family (Hindu) in Jogeshwari area of Mumbai, both these were false, these incidents were used as the pretext for the attack on the minorities.

In this case not only BJP leaders, the RSS itself also  jumped into fray along with Sadhu Samaj. A vicious atmosphere started building up. 

As the incident took place, Palghar case dominated the usual media channels and large sections of social media. The Government of Maharashtra (Shiv Sena+NCP+Congress) stood on the solid ground of truthfulness and arrested nearly 100 culprits, none of them being a Muslim. Interestingly the local body of the village is controlled by BJP and the chief of this body Chitra Chowdhari is a BJP leader. While the Maharashtra Government is standing on the solid ground of the facts of the case, it has also given the warning that those spreading falsehoods will not be spared.

The cruelty of those taking law into their hands is shocking. During the last few years taking law into the hands of the mobs is becoming close to normal. The real reasons are many. One of this being the lack of proper punishment to those who indulge in such dastardly acts. Not only that many of them are in the good books of the ruling establishment and many of them are honored despite their despicable role in such incidents. One recalls that in case of Mohammad Ikhlaq lynching, one of the accused died in the police custoy due to incidentlal disease. Then Union Central Minister Mahesh Sharma landed up to drape his body in tricolor. In another such case of Alimuddin Ansari, when eight of the accused got bail, the Union Minister Jayant Sinha garlanded them. What message it sends down the line?

The other factors contributing to the rise in intensity of violence is the overall social frustration due to life generally becoming more difficult. The rule of BJP has also encouraged intolerance, where people with differing opinions are looked down upon and called anti- Hindu, Anti National etc. Swami Agnivesh who criticised the blind faith, the statements like ‘plastic surgery in ancient India, or divine nature of Barfani Baba in Amarnath was humiliated in public.

The core issue is the dominance of sectarian mindset promoted by the ruling party and its parent organization the RSS. They are waiting to jump at any event which can be given communal color or where the minorities can be demonized. Few news channels, who are playing the role of loud speakers of divisive politics are adding salt to the wounds. The degree of Hate spread in the society has further taken the aid of innumerable social media networks to spread the false hoods down to all the sections of society.

The need for law against lynching needs to be brought in. All those participating in such dastardly violence need to be punished. Before that the whole atmosphere of Hate mongering and feeling that those talking law into their hands can get away with it, needs to be countered strongly. While a prompt police action against such incidents is the need of the hour, those who have made spreading hate as their business need to realize that no country can progress without the feeling of fraternity. Demonizing weaker sections may give them higher TRP, but it is also undermining our path of peace and progress.

Respect for Indian Constitution and rule of law needs to be restored. The fact check mechanisms like AltNews need to be activated much more. And lastly one must applaud the steps taken by the Government of Maharashtra to ensure that justice is done and Hate spreading is  checked right in its tracks.

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Amar Akbar Antony
 - 
Wednesday, 24 Jun 2020

Beautiful article. We need people like you- the need of the hour.

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Ram Puniyani
February 22,2020

This January 2020, it is thirty years since the Kashmiri Pundits’ exodus from the Kashmir valley took place. They had suffered grave injustices, violence and humiliation prior to the migration away from the place of their social and cultural roots in Kashmir Valley. The phenomenon of this exodus had been due to the communalization of militancy in Kashmir in the decade of 1980s. While no ruling Government has applied itself enough to ‘solve’ this uprooting of pundits from their roots, there are communal elements who have been aggressively using ‘what about Kashmiri Pundits?’, every time liberal, human rights defenders talk about the plight of Muslim minority in India. This minority is now facing an overall erosion of their citizenship rights.

Time and over again in the aftermath of communal violence in particular, the human rights groups have been trying to put forward the demands for justice and rehabilitation of the victim minority. Instead of being listened to those particularly from Hindu nationalist combine, as a matter of routine shout back, where were you when Kashmiri Pundits were driven away from the Valley? In a way the tragedy being heaped on one minority is being justified in the name of suffering of Pundits and in the process violence is being normalized. This sounds as if two wrongs make a right, as if the suffering Muslim minority or those who are trying to talk in defense of minority rights have been responsible for the pain of Kashmiri Pundits.

During these three, many political formations have come to power, including BJP, Congress, third front and what have you. To begin with when the exodus took place Kashmir was under President’s rule and V. P. Singh Government was in power at the center. This Government had the external support of BJP at that time. Later BJP led NDA came to power for close to six years from 1998, under the leadership of Atal Bihari Vajpayee. Then from 2014 it is BJP, with Narerda Modi as PM, with BJP brute majority is in power. Other components of NDA are there to enjoy some spoils of power without any say in the policies being pursued by the Government. Modi is having absolute power with Amit Shah occasionally presenting Modi’s viewpoints.

Those blurting, ‘what about Kashmiri Pundits?’ are using it as a mere rhetoric to hide their communal color. The matters of Kashmir are very disturbing and cannot be attributed to be the making of Indian Muslims as it is being projected in an overt and subtle manner. Today, of course the steps taken by the Modi Government, that of abrogation of Article 370, abolition of clause 35 A, downgrading the status of Kashmir from a state to union territory have created a situation where the return of Kashmiri Pundits may have become more difficult, as the local atmosphere is more stifling and the leaders with democratic potential have been slapped with Public Safety Act, where they can be interned for long time without any answerability to the Courts. The internet had been suspended, communication being stifled in an atmosphere where democratic freedoms are curtailed which makes solution of any problem more difficult.

Kashmir has been a vexed issue where the suppression of the clause of autonomy, leading to alienation led to rise of militancy. This was duly supported by Pakistan. The entry of Al Qaeda elements, who having played their role against Russian army in 1980s entered into Kashmir and communalized the situation in Kashmir. The initial Kashmir militancy was on the grounds of Kashmiriyat. Kashmiriyat is not Islam, it is synthesis of teachings of Buddha, values of Vedant and preaching’s of Sufi Islam. The tormenting of Kashmiri Pundits begins with these elements entering Kashmir.

Also the pundits, who have been the integral part of Kashmir Valley, were urged upon by Goodwill mission to stay on, with local Muslims promising to counter the anti Pundit atmosphere. Jagmohan, the Governor, who later became a minister in NDA Government, instead of providing security to the Pundits thought, is fit to provide facilities for their mass migration. He could have intensified counter militancy and protected the vulnerable Pundit community. Why this was not done?

Today, ‘What about Kashmiri Pundits?’ needs to be given a serious thought away from the blame game or using it as a hammer to beat the ‘Muslims of India’ or human rights defenders? The previous NDA regime (2014) had thought of setting up enclosures of Pundits in the Valley. Is that a solution? Solution lies in giving justice to them. There is a need for judicial commission to identify the culprits and legal measures to reassure the Pundit community. Will they like to return if the high handed stifling atmosphere, with large number of military being present in the area? The cultural and religious spaces of Pundits need to be revived and Kashmiryat has to be made the base of any reconciliation process.

Surely, the Al Qaeda type elements do not represent the alienation of local Kashmiris, who need to be drawn into the process of dialogue for a peaceful Kashmir, which is the best guarantee for progress in this ex-state, now a Union territory. Communal amity, the hallmark of Kashmir cannot be brought in by changing the demographic composition by settling outsiders in the Valley. A true introspection is needed for this troubled area. Democracy is the only path for solving the emigration of Pundits and also of large numbers of Muslims, who also had to leave the valley due to the intimidating militancy and presence of armed forces in large numbers. One recalls Times of India report of 5th February 1992 which states that militants killed 1585 people from January 1990 to October 1992 out of which 982 were Muslims and 218 Hindus.

We have been taking a path where democratic norms are being stifled, and the promises of autonomy which were part of treaty of accession being ignored. Can it solve the problem of Pundits?

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