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Cultural Nationalism Vs. Pluralism : The Electoral Challenge and Democratic principles of Indian Constitution

By Syed Kamran Razvi

Cultural Nationalism Vs. Pluralism :

The Electoral Challenge and Democratic principles of Indian Constitution

Synopsis

Enumerating the cultural conflict in the Indian society is the

one which is manifestation of localized cultural and

linguistic assertions. It now has a new dimension added i.e.

the new compulsions of the international and domestic

politics. However behind all the social conflicts there are the

economic compulsions like growing unemployment coupled

by the privatization effects which is further narrowing the

scope of employment for many of the unskilled young men.

This has further reduced margin for the young constituents

of Indian society.

Almost 75%(below 45 years) of the total population

and about 33% are dependents(0-14 years) 1. It is like looking

towards the mantra for solutions(Identity crisis and

survival) to perpetration of social miseries. A real

Malthusian demographic puzzle of sorts. 2

1 Statistical outline of India 2001-2002, TSLtd.,Mumbai(India),p.352 Malthus, Statistics is the language of the future .

This paper was presented at IIU, international conference in Aug,2004,at Kaula Lumpur, Malaysia 36/1


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In the era of communication blitzkrieg the political-

right and the Hindu fundamentalist parties are taking

advantage of this social cauldron. Gujarat is the point in

making and a possible beginning with many political

setbacks like attempt to coerce preference for Cultural

Nationalism to Cultural pluralism. The attempt by miniscule

minority and its ramification from executive policies to

Judiciary. An analysis is drawn here why this has come of

age now i.e. after more than 55 years of Indian democracy.

Key words : Cultural Nationalism, Gujarat, Hindu Right, Identity-

crisis, Development, Electoral process, Marginal Seats,

Judiciary.

The conflict stage :

Ever since the Hindu rightist BJP got re-elected for

the second term(2002) in the west Indian state of Gujarat,

there has been talk in its Central committee to duplicate the

same for the next Assembly elections in other key states 3 and

then in 2004 the General elections 4. The highly competitive

3 Narendra Modi was the star campaigner, the incumbent Gujarat Chief Minister blamed for riots. Indeednow these states have the BJP government routing Congress government in three key states of the Hindiheartland. In MP, the State is celebrating the old Hindu traditions by using public funds or State funds .A

practice shunned by tradition for secular credentials of the State in conformity with Basic structure of Indian Constitution.4 Then Incumbent law Minister Arun Jaitley quoted in The Economic Times Emotive issues touch thecommon voter more easily than development issues., it will be ten more years April, 2004. This was



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Indian election scenario has been cited as one reason. The

first past post rule has been having dramatic effects. So the

opposition and the ruling may not have great variation in

terms of the votes polled and gained difference, yet the

number of seats won respectively may carry huge difference

Like the recently concluded Dec.12, 2002 State Assembly

elections, the BJP and Congress vote share difference was

just 4-5% yet the number of seats which the BJP won was

almost double the number of seats getting more than 55%

gaining majority in the State legislature i

Cultural Nationalism in its second phase :

To turn the political fortunes of the political Hindu right

from the mere two member of Parliament presence in

year1984 to the 1989 success of crossing 100 seats mark and

supporting the V.P. Singh government in 1989 a left of

Centre coalition at the Centre. The pinnacle came as the

Babri Mosque was demolished despite Supreme Court

orders to protect the disputed structure .ii To witness the

demolition or pulling down of the structure were the

during the General elections, 2004.



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prominent leaders of the BJP and other Hindu right coalition

or umbrella coalition. Most of them became the incumbent

Central Ministers (1999-May 2004). iii

It is different that the vote share in the General

Elections has hardly increased for the Right of centre in

Indian electoral scenario. Thus on grounds of religious

affinity the BJP and other far Hindu right are still only few

marginal seats better to Indian secular political

parties(leftists or Centrists.)

Equally interesting to note the Hindu Right in 1989

capitalizing the Anti-Reservation sentiments prevailing then

. This was following implementation of the Central policy on

Job reservation, exploited the youth in this direction to quell

the identity crisis iv.

The process is not completely unrelated to the

Sanskritization or Brahmanization or Shuddhi5 in early 50s. This

was part of Hindu revivalism sans casteism per se. However

this movement has finally got diluted to the vagaries of

Casteism.

5 Movement led by Hindu scholars and reformers from Vedic society, aiming to induct Muslims, castelessIndians as part of Hindu varna or society at large. Some of them like Jains, Bodhs and Sikhs, Parsis aretoday governed by Hindu Family Laws. Despite they being founded on opposition to the Varna (caste)system.



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Indeed the Judgement 6 passed by Supreme Court of

India on reservation has since been the election issue for

Hindu Right. This was based on an obscure report and

innocuous notification like many of the commissions in

India was established to study and recommend the cause

and removal of malaise. It was Mandal commission making

recommendations for empowerment of the low caste Hindus

through set of reservations in employment(essentially in

public sector), education. v

In 1989 the unemployment and Hidden

unemployment was growing to almost 15 % which has

remained stagnant. This could be because India is an

informal economy. vi Coupled with the freeze in government

jobs. This freeze has remain steady if not drastic, irrespective

of the political party ruling at the Centre .7vii

Political Leadership and fallout since first National Opposition

led Alliance in 1979:

6 Indira Sahni Vs. UOI,7 According to the new directive by the Union Ministry of Finance , there is some percentage relation of

population to the number of Ministers in Cabinet for both the State and the Centre. Parliament passed anenactment in 2003 called The Fiscal Responsibility and Budget Management Act.



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This proved a perfect setting for the electoral

demagogues. The political consternation saw the decline of

Congresss and other Centrist parties. The electoral downfall

became imminent with the death of lineage or dynasty

demise following the assassination of Rajiv Gandhi (former

prime minister) by an LTTE suicide bomber while

addressing a rally. 1989 subsequently emerged the cut-off

point for the National opposition once again. This coalition

did not last an year. However, the next Congress

government was (1990-95) the minority Narsimha Rao

government saw many more missives on economic plank.

Gerontocracy has been a political culture and plank.

Most of the Prime Ministers India have been more than 65

years of age in past decade 8. All subscribing to left of Centre

or nationalist ideology throughout their political career.

Suddenly in 1993, there was dismantling of what Indian

polity stood for since 42 nd amendment (1976-Nationalization

of goods and services) viii. This gradually increased the

economic gap in the poor and poorer. It is not rich and poor.

8 Around 7% of the total population on age distribution; Statistical outline of India 2001-2002,TSLtd.,Mumbai(India),p.35



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IT is these people suffering form left-out syndrome, with no

proper benefits of privatization and structural adjustment

accruing to them. They provide germane condition for birth

of false pride and identity tag of Hindutva. 9

Jana Sangh and 1977-79 :

There is now a debate of constitutional review on

number of issues. One is to consider what is unique this time

which was not so on previous occasion for the same party

(Hindu Right).

1977-79 was the first National opposition coalition

government at the Centre, constituting mainly the dissident

Congress members and the left and the extreme Right Jana

Sangh ix as the Hindu Right was then called. The Hindu Right

even then had occasion and every authority to strike off

word secular from the preamble, just as it reversed many of

the strong repercussions of the 42 nd amendment to the

Indian constitution. However like all political movement

they too waited for the opportune time (translate as mass9 There is talk of soft hindutva , but my opinion is that is farce. It means pleasing of all those old andconservative Hindu structure which only supports Varna system. Moreso it embroils mix of polity andreligion. Its essential uniting factor is not just Hindu revivalism but dilution of Religious Minority rights.Complete dilution of Minority safeguards on education, institutions, personal laws, worship places , so

provide in the Indian constitution, as fundamental rights in Part III of the same.



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movement /electoral gains) it came with the Privatization

decade later .10

Mix of Socio-Economic factors and Pluralism :

The year 1992 has two watersheds, Structural Reforms under

the aegis of Dr. Manmohan Singh, the then Finance Minister

and the demolition of the Babri Mosque on Dec.6, 1992.

Media played the Right tunes, as the barons were to be hit

industrially speaking with the true competition and open

market in the offing now.

The whole of India was in flames claiming about

more than 7000 thousand lives according to the independent

estimates. The official count put the All India toll to 3500

lives. As if the less of numbers would change the magnitude

and gravity of the situation. More so, it was the planned

attacks and murders of the Muslims which was

unprecedented on two accounts. One, the houses or other

complexes belonging to Muslims were marked by yellow ink

10 The launching pad for such electoral thinking has been added appeal to, by spate of anti-conversion bills.Although these state legislations are now prodded to be part of central legislation in case the Hindu-rightalliance comes to power at centre in June 2004, when the results will be declared for the General elections2004.



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and the Mahaarti x in Bombay. This was a piquant reminder

of the Anti-Sikh riots (1984) where mobs indulged in

unprecedented frenzy even if it was not so organized,

though there was little to suggest spontaneity. The police

(read Administration) failed miserably in both cases. It was

like playing Rwanda or Sierra lonne on the Indian Streets.

Aligarh Muslim University which served as the beacon for

the educated and think-tank was the focus of target this time

as well xi.

A brazen attempt to set the political agenda for

electoral gains. The rule at the Centre.

Contributing International Factors :

The Gulf War in 1990-91 and the increasing Israeli

domination in the area with surging turmoil in Kashmir

Valley and Mujahideen versus Taliban in Afghanistan has

since helped fuel the fear of the Islamization of India and

issue of demographic relocation. Some 9/11 factor has been

also played by communal parties namely Hindu Right and

fundamentalists.



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The Israelis became very close to the political Hindu

Right which has lapped them Defence contracts worth $300-

400 million annually and directly as the diplomatic ties were

established to the full fledged status by the last Central

government. Not to overlook that the Indian intelligence

which has long association with Israel now spanning more

than three decades.

Domestically, the Hindu migrants ( there are Muslim

migrants also) from Kashmir to Delhi and Jammu since 1989

was the rallying point to its old ideological clash with the

sole Muslim majority state in India with a Hindu minority

population.

The Hindu Right professes ideology: India that is

Bharat is a Hindu State for all practical purposes. This has

given birth to many international outfits which drew funds

and many retired industrialists, bureaucrats, generals as

their think-tank. Many of these men were either soul-

searching or looking for their own identity.



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Cultural Nationalism at Indian Independence:

As Ficht describes : Cultural nationalism was

ultimately dependent on Will. This is described as

Pedagogical effort xii

The internal religious quest is more than a experiment

which Gandhi xiii carried out with his daily morning prayers.

The RSS which is the main ideologue of the Sanskritization

of masses and shuddhi xiv of the Muslims, Christian, Jews

and Parsis (of Indian origin) wants more and more narrow

expression which they can call India or Bharat as Hindu

Rashtra (nation)

However this is also an attempt to rewrite both

history and polity in this thrust.

Nehru government in 1950-55 decided to codify the

Hindu personal laws as the other communities had theirs.

Thus making the Hindu Laws and customs amenable to the

Jurisdiction of Courts of Law. This drew reaction from the

rightist Hindu movement and the conservative fold in Uttar



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Pradesh which was fast converting into Hindi Heartland (a

linguistic movement solemnized under the Official

Language Act) reacted sharply xv. This state (province) alone

provided for the largest numbers of Members of Parliament

and it still does despite its reorganization some three years

ago.

The Hindu right lost the political and academic battle

then. The political front was left of centre, largely single

party dominated. The academics was completely dominated

by the left and the radical left.

Indeed, A.B.Vajpayee government on number of

occasions attempted brinkmanship and made appointments

to many Academic, literary and cultural organizations. In

India these are supported by State by grants and generous

State funds.

However there media policy is not so conservative,

there is complete demolition of Indian cultural values. This

schism can be attributed to younger generation of Hindu

Right leaders, who hold such ministries with independent

charge.



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Interpreting Constitutional provisions during (internal) Emergency

Era xvi:

Even if the word secular was added to the preamble

of the Indian Constitution only in year 1976. The Indian

constitution is lot more specific in the Part III which are

fundamental principles and the Directive principles of the

State policy. The latter being non- justiciable.

Article 25 to 28 of the Indian Constitution when

formed, deals with the religious freedom and respect for

each. At the same time it denounces any discrimination

intra-sect based on any social welfare and distinction based

on caste, creed. It further empowers State to enact such Laws

which moves the Indian republic towards Social Justice and

Equality. Thus Indian secularism is based on mutual

tolerance and state intervention.

One of the provision in the Directive principles of the

State policy being Article 44 The State shall endeavour to

secure for the citizens a uniform civil code throughout the

territory of India.



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The Hindu Rightists Parties have targeted this

provision to act as bate for the Muslims stance on the

personal laws. Although this issue has not been raked by the

Hindu Rightists Political outfits as the same is equally

despised by the Brahmins and the Sadhu samaj xvii

Thus it is obvious, that the Hindu Right prefers to

interpret and use constitution of India in consonance with its

ideology.

Cultural Police and dogmatic Ideas:

According to various studies conducted in recent

years the Gender equation has been falling at an alarming

rate and so much so that Government has to bring in Act to

ban female infanticide and Ante-natal tests or sex-

determination tests as they are commonly known. xviii

This is attributed to the female infanticide and forced

and illegal abortions on gender determination or euthanasia.

This social vice if not been vindicated but is now a

great barrier to social organizations and social projects

undertaken by the Central and State governments. This is

regressive, in Human Development Indices. An issue which



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was well recognized as social problem and even crime is

now given garb of religion by vested interests.

Yet the Hindu Rightists have been sustaining their

argument on glorious past prior to advent of Islam in India,

thus host of these organizations have provided

encouragement and revival to these age-old social vices

including building of temples for the Sati xix.

The women organizations have been fighting this

attitude to their growing frustration and anger. During the

BJP regime in the State of Rajasthan the number of Temples

dedicated to the SATI has increased many folds. This

otherwise was a dying cult amongst the Hindus.

Ironically, the Congress party has been part of this

encouragement. Today there is even difficulty in analyzing

the political dilution of Congress ideology on communal

harmony. The only possible explanation lies in the view

point that the Congress Party constituents form left, centre

and right. It is certainly not astonishing to find the

disgruntled Congress men in Political Right Camps.

Anti Pluralism , Marginal Seats and Muslims:



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The political parties subscribing centrist or left of center

views in their election manifesto tend to loose parliamentary

and political majority. The Rightist Hindu parties to their

gain and through their regional partners have formed

electoral alliances and even made seat sharing and electoral

arrangements with the regional political parties. Many of

these alliance partners are not having very strong cadre

presence.

Like a more personality or individual oriented like

the BSP(Bahujan Samaj Party) which was running till

recently the government in the State of Uttar Pradesh with

the support of Rightist Hindu BJP. The infamous exit of the

alliance is already being described as the lowest ebb in

political alliances. There was talk of snap poll in less than

eight months of concluded Assembly polls. Yet the Central

Alliance failed to bring the Samajvadi Party-Congress

support(in Uttar Pradesh).

Uttar Pradesh being essentially agrarian and very

conservative and sharply divided on caste. The Muslims

here are the important factor i.e. swing votes and on the



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marginal seats. At the other seats in Western and Central

Uttar Pradesh, they dominate the electorate. Muslims have

developed the tendency to vote en bloc and their turn out is

heavy. In past few years their turn out has been getting low

with their votes split in two to three political parties since

1992. The trend is not unique to Muslim electorate but to

many others Castes amongst Hindus as well. Many social

organizations have now registered as political parties. Today

they are important in forming ruling coalitions and electoral

adjustments.

However which ever party the Muslims have

supported or turned to has coalesced with the Rightist

fundamentalist party or has neglected them after the

electoral gains in the State.

Now the Muslim electorate known for its two

qualities voting enbloc and in large numbers, has abandoned

the latter. The multiple choice has only proved to their

political detriment. Thus adding to the political fortunes o

the Rightist Hindu fundamentalist agenda.



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The voter turn out in most constituencies having large

Muslim electorate was around 40% in the Assembly

elections earlier in March-2002. xx However in Gujarat it was

different the turn out was as high as 60% in mixed populace

but it was low in areas of Kucth where the Muslims form

more than 40% of the total population. This state of limbo

has persisted amongst Muslim electorate since the beginning

of the demolition of the Babri-Mosque in Ajodhya(1992).

Somnath situated in Gujarat was the starting point in such

communal politics after the year of independence(1947).

Amazingly, though the communal riots in the country has

seen sharp decline since December 6, 1992 (Babri-Mosque

demolition). In fact all the Rath Yatras and the Guarav yatras

have started from this point so this became the rallying point

and plank for the electoral purposes. As if this was BJPs

(then Jana Sanghas) Sabarmati xxi and political mantra.

The disturbing trend of low turn out in Muslim

electorate saw small revival in the General elections, 2004.

This has benefited the centrist parties. Notwithstanding that

some of the Muslim religious leaders have also appealed to

vote in favour of Hindu Right. The confusion and



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bankruptcy of leadership is reflected well in the state of

Muslims in India.

CULTURAL CONFLICT INTRA-IDENTITY CRISIS, Nationalism:

A typical opening to the book, lecture or even speech

by Rightist Hindu school author or speech-writer would be a

complete distortion of History: After one thousand years

India became independent.

It has been often repeated and asserted that the

Indians (ness) have lost the self-respect or self-esteem during

the British colonial regime which was based on Mercantile

Imperialism.So Indian National Congress was no exception to

recognition of nation-building slogans and approach. They

also thought religion was the starting point. The germane

conditions of electoral democracy were sadly missing. India

being strongly divided on social(Caste) lines. Poverty acted

gibberellin in the social and historical perspective. Here was

M.K.Gandhis (a Gujarati) success against the British and the



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Indian National Congress reaching the distant and poorest

of the Indian populace.

In Feb.1948, on Junagadh referendum joining with

Indian Republic, Sardar Vallabh Bhai Patel the then

Congress Home Minister and a Gujarati announced that the

Somnath temple would be rebuilt and restored to its glory of

yesteryears as the same was before the Mehmood of

Ghaznavi ( who raided the temple of its wealth and glamour

and defaced the idols) xxii.

Later in the year 1949 idol of Ram was installed in the

precincts of the Mosque (Babri). xxiii This stood long and

culminated in its demolition in 1992. These two instances

were the attempt to rewrite and revisit Indias past. All, to

add and restore glory to Indias distant past. The other was

for Hindutva. Recently there is division of more qualifying

statements Soft and (Hard) Hindutva.

The core ideologue RSS (Based in Nagpur, Central

India) depends on symbolic integration and on high degree

of objectified and ritualized beliefs . Each person in the

RSS heirarchy is replaceable. xxiv This organization own its

origin to a Maharashtrian Called Hedgewar .The region of

Central Indian and Marathwada were the focal point of



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Indian political and social resistance during the colonial rule.

This organization was started as social organization based

on religion affiliation. Its collaboration with the Indian

National Congress came in form of its volunteers (Swayam

Sevaks) joining the civil disobedience movement.

This marriage of comfort ended with the fall of the

national government (1947-1950) and death of RSS

participant face Shyama Prasad Mukherjee in a Kashmir Jail

under detention. Is detention came as he forced his entry

into the State of Jammu and Kashmir despite the ban. xxv

The Hindu Fundamentalist parties have been

desperate to prove that they are politically right. Further that

they are equally eligible to run the affairs of the country. A

few illustrations are reproduced below justifying the means

to Power the plan to target largest religious minority and

others.

Every conqueror from outside tries to

establish symbols which will remind the people who is the

master and who the slave. At the time of the first Russian

occupation of Poland (1614-1915), the Czars built a cathedral

for the Eastern Orthodox Church in an avowedly Roman



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Catholic country. In 1918, after the country became free, the

Poles pulled down this structure, because the purpose for

which the Russians had built it had been not religious but

political, and the purpose had also been intentionally

offensive.

Even though the cathedral was to offer prayers to

Jesus Christ, a free Poland could not tolerate monuments of

slavery in their land. In this way it is ensured that true

nationalism has its rightful place in the remaking of the

nation. xxvi

Further the Judicial pronouncements have been read

in a very dramatic prose and quoted out of context without

fear for constitutional implications and contempt.

Going by the judicial precedents, Justice Verma's xxvii

Bench has rightly observed: "These Constitution Bench

decisions, after a detailed discussion, indicate that no precise

meaning can be ascribed to the terms 'Hindu', 'Hindutva'

and 'Hinduism'; and no meaning in the abstract can confine

it to the narrow limits of religion alone, excluding the

content of Indian culture and heritage. It is difficult to

appreciate how in the face of these decisions, the term

'Hindutva' or 'Hinduism' per se, in the abstract, can be



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assumed to mean and be equated with narrow

fundamentalist Hindu religious bigotry, or be construed to

fall within the prohibition in subsections (3) and/or (3A) of

section 123 11 of the Representation of the People Act.

In conclusion, the Bench reiterates: "It is a fallacy and

an error of law to proceed on the assumption that any

reference to Hindutva or Hinduism in a speech makes it

automatically a speech based on Hindu religion as opposed

to other religions or that the use of the word Hindutva or

Hinduism per se depicts an attitude hostile to all persons

practicing any religion other than the Hindu religion... and it

may well be that these words are used in a speech to

emphasize the way of life of the Indian people and the

Indian cultural ethos...There is no such presumption

permissible in law contrary to the several Constitution Bench

decisions." xxviii

After its freedom from the unfortunate slavery of one

thousand years Hindu nation as a result of its continuous

struggle and unmatchable sacrifices should

have got political, religious and cultural freedom in its

motherland, Bharat. xxix

11 Part VII of the Representation of Peoples Act,1951 lists the corrupt practices for the purposes of the Act.



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Another interesting aspect of this movement is that

Hindu fundamentalist parties have created many more

states than an average by the Indian National Congress in its

four decades, of nearly consistent rule at the Center. In past

three years they have hastened to create three states out of

the old states in order to gain fancy of electorate and

polarize voters on more regional and social lines read tribals

in this case. This is quite contrary and unique to their clarion

call of unity or Akhand Bharat 12. Thus it is obvious that

the Constitution of India and the architects of the same do

not find any appreciation with the Hindu fundamentalist

parties.

Jammu and Kashmir, Article 370 of the Constitution and Hindu

Right :

It is not for division of the state. It is for re-

organization. Many years ago Punjab State was re-organized

to carve out the States of Punjab, Haryana and Himachal

Pradesh. Today, the Punjabis, Himachalis and Haryanavis,

all live as complete Indians with mutual amity. It is on the

12 One India in contrast to Unity in Diversity , Discovery of India, J.N.Nehru,Delhi,1945.



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same pattern that Dogras, Gurjars, Kashmiris and Ladakhis

will also live. Basis for this re-organisation is geographical

and natural. Another point in the resolution This Resolution

is the best way to abolish the divisive article 370, separate

citizenship for State Subjects, separate flag, and separate

constitution for J & K. It is also the best way to stop lacs 13 of

Pakistanis from settling in J&K through the Resettlement

Act.xxx

However, what is not specified is that none of these

states have such polarization of the electorate on communal

lines as this proposed division.

Professing Dogmatism:

Religion has played an important part in supplying

some essential needs of human nature. But that type of

religion has weakened its hold and is unable to meet the

onslaught of science and rationalism .Whether religion is

necessary or not , a certain faith in a worthwhile ideal is

essential to give sustenance to our lives and to hold us

13 Lac is One hundred thousand or 0.1 Million.



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together. We have to have a sense of purpose beyond the

material and physical demands of our daily lives. 14

The growing popularity of this Cultural Nationalism

has been allowing the growth of the repressive elements

within Hindu society. The fringe elements are gaining center

gradually. A point in the making is the illustration below:

HC disallows holding of fair in Rani Sati Temple

Press Trust of India Jaipur, September 2002. The Rajasthan

High Court on Wednesday disallowed holding of any fair at

famous Rani Sati Temple in Jhunjhunu during the annual

function this week but allowed prayer at the shrine.

Justice K S Rathore also ordered that no glorification of 'Sati'

shall be done during the function. The Temple Trust had

approached the High Court after the state government

refused to keep the over-a-century-old temple outside the

purview of the Anti-Sati Act and allow holding of the annual

fair, stopped after the Deorala Sati incident in 1987.

The Court gave similar directions as given by the

Supreme Court in its interim order in 1987 which disallowed

offering of 'chundari' at the deity. It also ordered

14 India Today and Tomorrow lecture by Jawahar Lal Nehru, Lecture series Maulana Azad Lectures,ICCR,Delhi ,Third impression,1960.



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that all annual ceremonies should be held inside the temple

premises only.

On the lines of the apex court order, the High

Court also held that there should be no restrictions on the

movement of people. xxxi

The background of series of events is historically explained

as under:

Rajasthan, which is a home of over one-hundred sati

temples. One of these, the Rani Sati temple in Jhunjhunu,

annually attracts 300,000 (Three hundred thousand) people

to three days of ceremonies in honor of Rani Sati Narayani

Devi, a women who died in 1295 upon the funeral pyre of

her husband, Tandhan Das. xxxii

Another indicator, in contemporary reference being

the rise in the attacks on the Scheduled Caste (non-caste

people) particularly women. This is the usual old mode of

humiliation and psychological war to prevent rights



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accruing to the weaker and oppressed. 15 This elaborates that

there is a kind of social reversal despite the most stringent

Laws.

Analysis of Trends from Gujarat: A precursor to the Assembly

polls 2002 and General Elections 2004:

The Hindu fundamentalist umbrella organizations

won the majority in the year 2002 Assembly polls. Its implication is

not to be found in the thousands of deaths, targeting victims in

organized fashion, systematic creation of fear, destroying religious

identity of Muslims and others who are not Hindu according to

their classification. Indeed there is an analogy which can be

inferred, it is the aim to legitimize the claim of the Hindu Right to

govern India. Since India is a republic and working democracy, the

path is electoral politics.

Populism works wonders in electoral democracy, the Hindu

Right wishes to pick the tune of Right extreme of center i.e.

swadeshixxxiii . It gains significance as socialism is rendered obsolete

by structural changes in Indian economy. This is aimed to ascend

the route to majority in Parliament.

15 There is a special enactment on Prevention of Atrocities (SC and ST) Act, 1989. This has no provision for anticipatory Bail. The Judge and special procedure are prescribed. It is one of the most stringent Law

passed. This is complimentary to Protection of Human Rights Act,1993 and National CommissionsAct,1992.



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A political attempt is being made by the Hindu Right in

order to address the social fragmentation amongst the Hindus in

India. Thus, by giving credence to socio-economic policies which

appeal to the masses by using a subterfuge of Hydra-headed

glorious past. The large number of marginal seats can swing the

favours, if there is a wave. In Indian electoral politics for past

decade the vote percentage has been very slim between number

one and number two party staking its right to power in Parliament.

More recently, it has become the source of regular conflict

between Judiciary and Executive. In what has come to be symbolic

of Constitutional superiority Vs. Hindu Right.

IN what has come to be known as Best Bakery Case (as

petitioned by NHRC), the order of fresh retrial of those acquitted

and in a different state (Maharashtra) by Supreme Court is

unprecedented in Indian Constitutional history and Case law.

There cannot be more disdainful moment when Executive

and Judiciary has to come to logger heads to preserve the same

constitutional values which grants sanction for their existence and

holding of privileges. 16 It is striking after the courts have acted with

16 IN re : Aslam Bhure case : This is in contrast to its One day imprisonment in Contempt Petition to UPChief Minister Kalyan Singh who has undertaken the safety of Babri- mosque, during the prayers at the siteon dec.6,1992. Please see the endnote (ii) also.



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great restraint in 1995-96, the apex court returned the Presidential

reference under Article 143;( Powers of President to consult

Supreme court of India) on Babri Masjid-Ram Janambhumi dispute.

Although even after 50 years today, numerous cases are pending in

various civil and criminal courts. The dispute range from title to

ownership and so on. This was more to maintain the doctrine of

separation of powers in Indian constitution. xxxiv

On Communal Riots there have been at least ten

Commission of Inquiries since 1960. Each has recommended set of

reforms in police and police powers of the State. How to be

sensitive to the minorities. None of the recommendations have

been implemented till date. NO Law has been enacted, specifically

to deal with the (Anti-minority) administrative vice. 17

CONCLUSION:

Thus, it is the cultural pluralism which as norm when

challenged shall provide legitimacy to the Hindu right to gain the

majority rule in the parliament. The BJP led (1999-2004) Central

government was a large coalition. It had little to do with the far

17 Extract from Authors paper titled Protection of Human Rights Act,1993 : The progress andimplementation, A critical analysis of executive and judicial success in India presented at SeattleUniversity School of Law,Feb,2004 NSALSA conference.



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right Hindu ideologues and ideology of cultural nationalism. The

prescription for religious minorities may not be immediate threat,

however growing identity crisis for average Indian offers germane

conditions for repetition of Gujarat carnage 28th Feb,2002, lasting

over a month.

Although institutionally speaking Supreme Court of India is

in confrontation with the Executive at New Delhi on the same issue

in a petition by NHRC(National Human Rights Commission under

the Protection of Human Rights Act,1993) xxxv. It has already given

its verdict and dissatisfaction with State of Gujarat. There was a

Ramon Magsaysay Award winner for 2003 , J.M.Lygdoh Indias

Chief Election Commissioner for his role in Gujarat Assembly

elections, 2002 for making it impartial. 18

The Electoral demagoguery is still at large, for the electoral

gains and stakes are too big to sacrifice. Thus this cultural

nationalism is also an election vice.

------------------------------------------------------

Syed Kamran Razvi

18 Election Commission of India ordered for the registration of FIR on violation of code of conduct andelectoral malpractice against BJP leaders in Lucknow, when some 30 odd women died in stampede in theBJP election rally (April,2004). They died for saris worth not more than Rs.forty each(less than 1USD.They also paid an entrance fee to the rally of Rs.20(each)(less than 50UScents) Then incumbent ABVajpayee, Prime Minister being the candidate from that parliamentary constituency. During the period theelectoral process is complete, the Election Commission of India is incharge of the administration. It literallyruns the country. Election Commission of India is a constitutional body.



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Flat No.7, 137B/12, Zakir Nagar,New Delhi-110 025.(India)Tel: 91-98100078799 91-11-32355151e-mail : [email protected]



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i The Times of India, Dec.16,2002

ii Supreme Court punished then incumbent UP Chief Minister Kalyan Singh for just one dayimprisonment and Rs.2000 (less tan $50USD)as token punishment in the contempt proceedings.(Mohd.Aslam @Bhure Vs.Union of India AIR 1995 SC 548) He has since fallen out of favour with BJPHqrs.and now runs a rival political party

iii Supreme Court of India recently ordered the fresh charge-sheet be filed against the party leadersincluding the incumbent Union Home Minister and HRD Minister and other junior ministers. By thisorder the notice was quashed withdrawing the criminal cases by the BJP-led State government in theState of Uttar Pradesh. same series in 2001-2

iv Supreme Court of India gave the verdict on Job reservation and quota for the non-caste Hindus(apporx.160 million-HRW report,1999 Washington). Then in 1989 the student agitation was led by thesame Hindu right coalition in the universities and the streets through out India.

v The judgement delivered on Mandal Commission has been modified that where the highly technicalqualifications are essential to appointment, the reservation shall not come into play.

vi 60% of GDP & Saving-Informal sector, 83%employment and 68% of income contribution , 1999 NCAER, New Delhi

vii The statement of objective to the Act reads as : An Act to provide for thr responsibility of the Central Government to ensure inter-generational

equity in fiscal management and long-term macro-economic stability by achieving sufficient revenuesurplus and removing fiscal impediments in the effective conduct of monetary policy and prudentialdebt management consistent with fiscal sustainability through limits on the central government

borrowings, debt and deficits, greater transparency in fiscal; operations of the central government andconducting fiscal policy in a medium term framework and for matters connected therewith or incidental

thereto.viii Adding socialist and secular to the description of Indian Republic leading to the NationalisationAct and booting out of MNCs. Days of crisis management could not yield anything after Indian

pledging of its gold to sustain its forex reserves (WDR1995,WB). Chandra Shekhar Government aminority government with the support of the Congress party, this had as many ministers as many MPs(about sixty in all it had.)

ix This party was founded by Shyama Prasada Mukherjee ,a member of the national government in1950.

x

Every morning the group of young Hindus would go around the localities which had mixed population. Then they would visit the muslim houses indulge in vandal acts and even killing. Theywere well briefed about the populace. Extensive surveys have been conducted. It was a fascist reliving:J.Srikrishna Commission report(1992-96). However on the ATR by government of State of Maharashtra(1996), as the new Hindu Right coalition was in power, it denounced the major recommendations. Incidentally the chief of Shiv Sena (local Hindu Right Party) Bal Thackeray wasconfirmed of electoral malpractices by Bombay High Court, and consequently was stripped of votingright for six years ending now in 2004.


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xi As the students scrambled to go home, the PAC(Police Armed Constabulary) of Uttar Pradesh (most populous and largest numbers of seats to Parliament) which is notorious for anti-Muslim sentimentsand highly politicized State force opened fire at the Railway Station. One of the survivor was closefriend of mine who lived the day because the rusted carbine of a constables jammed. So they couldonly fire the single shots from the enfield.303.

xii

The Saffron Man-Democracy & Hindu Nationalism in Modern India by Thomas Blom Hansen,OUP,1998 edn. (Introduction)

xiii He was assassinated by one N.R.Godse who was a member of Hindu Mahasabha on 30 th

January1948. The group and the individual is still important figure for the Right Hindu coalition.

xiv This is the movement which started in the mid-19 th century mainly from Calcutta under the theme of Arya Samaj. It was a kind of reform movement against the Brahmin order and hierarchy which stood inway of many reforms. Modern India, Bipin Candra, NCERT,1984.

xv This was the linguistic movement which focussed on removing Urdu as State language led byfollowers of Pt.M.M.Malviya(founder of BHU, Varanasi) i.e Purshottam Das Tandon, etc. There wastacit approval from the Congress Party to curb linguistic militant movements in rest of India mainlySouthern India following the passage of official language Bill,17 th Nov.1964

xvi During the Indian National Congress regime in 1976-77, Emergency was imposed in India. Thieentailed postponement of elections for few years time. It finally led to first National OppositionCoalition at the Centre on the disqualification of the election of then Prime Minister late Indira Gandhi

by the Allahabad High Court. In India the Petition challenging election of a candidate is triable by theHigh Court under the Part V of the Representation of Peoples Act, 1951 and Art.329 clause(b) of Indian Constitution.

xvii The Hindu saints and ascetic sects who converge and thrive through out the Ganga plains. It is thePundits of the Varanasi (Benaras) who hold the nomenclature power and keep the records of the lineageof all Hindus in India, according to the Villages they originate or live in. Human sacrifice by non-casteHindus was replaced by animal sacrifice soon after Independence.

xviii The law now requires the Ultrasound clinics to be registered and impose a heavy penalty and Bail isdiscouraged by the Act itself. In state of Punjab and Rajasthan sex ratio is alarming compared tonational average which is 850:1000. As incentive for the girl child the couple are provided by Socialdepartment of Haryana Rs.500.00(15USD) for the first child in case it is female child.

xix Burning live of the widow on the funeral pyre of her husband. The practice was banned by law as

back as 1856 by the British Colonial masters. In past few years the incidence has risen mostly asunreported and non-prosecution

xx India Today weekly, March 2002.

xxiXvii The place of the second civil disobedience in 1930 from where Gandhi started the movementagainst the British Colonial regime.


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xxii A ruler from Ghaznavi in Trans-Oxia, in early 12 th Century used to raid the Indian territory in West and North West, after the Arab rulers collapsed in Sindh province and other areas what is now Pakistan. The Foundation of Muslim Rule inIndia by ABM Habibullah, Central Book Depot Allahabad India,1976,P.4

xxiii Sardar Patel and Indian Muslims by Dr.Rafiq Zakaria. BVB,Mumbai,1996.p.79 and 86

xxiv The Saffron man-Democarcy & Hindu Nationalism in Modern India by Thomas Blom Hansen,

OUP,1998 edn.xxv Dr.Karan Singh ,Autobiography(1931-1967),OUP,Delhi,1989p.155.

xxvi http://www.bjp.org/history/rjb-3.html site visited on 29.12.2002

xxvii Justice J.S.Verma, then Chairman NHRC ,India was criticised by all Hindu fundamentalist party heads, chiefs, their spokesmen for speaking against the Gujarat government and genocide for riots resulting inMarch,2002 after the state widecalled by the ruling BJP government. Even his actions were challenged by PIL in Gujarat High Court which wassubsequently dismissed by the Supreme Court of India on appeal.

xxviii http://www.bjp.org/history/htv-jag.html site visited on 30.12.2002

xxix http://www.vhp.org/englishsite/f.Hindu_Agenda/HinduAgenda_E.htm 29.12.2002 site visitedxxx http://www.rss.org/jtfp.htm 20.07.2003 site visited

xxxi http://www.hindustantimes.com/2002/Sep/04/181_58826,000900010008.htm (quoting PTI(offical news agency)(29/12/2002 visited the site)

xxxii http://www.hinduismtoday.com/1988/12/1988-12-09.html 29.4.2004 site visitedxxxiii Swadeshi: (Hist.) Movement in Indian, originating in Bengal, advocating the production of Home-manufactured, andthen boycott of foreign goods. The Concise Oxford Dictionary, Edn.1992.

xxxiv Article 50 of Constitution of India provides as :The state shall take steps to separate the judiciary from the executive in the public services of theState. The constitution also provides for Parliamentary prerogatives and privileges and that of theExecutive as well.Article 143 of Constitution of India reads as under :Power of President to consult Supreme Court --- (1) If at any time it appears to the President that aquestion of law or facts has arisen or is likely to arise, which is of such nature and of such publicimportance that it is expedient to obtain the opinion of the Supreme Court upon it. He may refer thequestion to that Court for consideration and the Court may, after such hearing as it thinks fit, report tothe President its opinion thereon.

(2) The President may, notwithstanding anything in the proviso to Art.131, refer a dispute of thekind mentioned in the {said proviso} to the Supreme Court fro opinion ad the Supreme Court shall,after such hearing as it thinks fit, report to the President its opinion thereon.

xxxv In re : Jamia Lawyers Alumni & Ors. Vs UOI and Ors., CW of 2004 , the issue of establishmentof Human Rights courts in every Judicial district and compensation policy on fixed indices is

prayed(under Protection of Human Rights Act,1993). It is pending before Supreme Court of India. Theapex court can also pronounce Law under Article 141 of the Constitution of India till it is suitablyreplaced by enactment. The Author is main petitioner there.
http://www.bjp.org/history/rjb-3.htmlhttp://www.bjp.org/history/rjb-3.htmlhttp://www.bjp.org/history/htv-jag.htmlhttp://www.vhp.org/englishsite/f.Hindu_Agenda/HinduAgenda_E.htmhttp://www.vhp.org/englishsite/f.Hindu_Agenda/HinduAgenda_E.htmhttp://www.vhp.org/englishsite/f.Hindu_Agenda/HinduAgenda_E.htmhttp://www.rss.org/jtfp.htmhttp://www.rss.org/jtfp.htmhttp://www.hindustantimes.com/2002/Sep/04/181_58826,000900010008.htmhttp://www.hindustantimes.com/2002/Sep/04/181_58826,000900010008.htmhttp://www.hinduismtoday.com/1988/12/1988-12-09.htmlhttp://www.bjp.org/history/rjb-3.htmlhttp://www.bjp.org/history/htv-jag.htmlhttp://www.vhp.org/englishsite/f.Hindu_Agenda/HinduAgenda_E.htmhttp://www.rss.org/jtfp.htmhttp://www.hindustantimes.com/2002/Sep/04/181_58826,000900010008.htmhttp://www.hinduismtoday.com/1988/12/1988-12-09.html

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