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The verdict given by Lucknow bench
of Allahabad high court (Sept 2010) has been a landmark of sorts.
On one hand it is culmination of the process of demolition of
Babri Masjid, now that illegal act of demolition has got a legal
sanction. On the other this judgment is the one based on every
other consideration than the legal one. It has no rooting in the
values of Indian Constitution, no guidance from the directive
principles of the Constitution and no grounding in the law of the
land.
Despite this glaring fact a large
section of the popular opinion went on to keep quiet about it, or
criticize it in a muted way. The atmosphere has been created that
it is a balanced judgment pleasing all; it has been the best
option in the present circumstances etc. We do need to recall that
there was heaviness in the atmosphere before the judgment. The
Hindus were apprehensive that if by chance there is violence and
they or their near and dear ones are caught in the melee, it will
be a disaster. Muslim minority on the other hand feared the
destruction of their properties or loss of their lives in case the
violence breaks out. Fortunately those who orchestrate the
violence, as shown by the inquiry committee reports time and over
again, chose not to unleash ‘celebratory violence’, as they had
done in the aftermath of Babri demolition on 6th December 1992.
This time while probably the RSS combine and communalized sections
of society felt more jubilant then before, still they had
restrained themselves from creating a situation where the violence
takes place.
Muslims on surface felt a bit
relieved that they do not have to suffer another cycle of violence
and its aftermath. But they also felt let down by the court. They
did feel that this judgment is a symptom of Hindu Rashtra in the
offing. While there is a spectrum of opinion amongst Muslim
community, now there is a feeling that even the law cannot protect
their just rights. Deep frustration, anger and dejection are the
response from large section of the Muslims who dared to speak. The
atmosphere created by communal propaganda has pushed them to the
wall and ‘we should move on’ is the thinking of a section of
Muslim community. The unevenness, the contrasting situations of
‘two sides’ of the dispute is very obvious, one side which is
dominant got more than it could dream of and the other side feels
betrayed once again..
While RSS combine is joyous that a
path has been paved for the national sentiment of Bhavya (grand)
Ram Temple, and has asked Muslims to contribute in the ‘national’
agenda. One knows that we are dealing with the contrasting notions
of nationalism. The Nationalism RSS is talking is the anti thesis
of secular democratic nation, the aspiration of freedom movement,
the nation enshrined in the Indian Constitution. What else can one
expect from this political outfit, RSS, which aims to transform
our democratic polity into a Hindu nation, with all past
political-social ideologies presented in newer language? RSS
combine is already feeling that their agenda has gone one step up,
as the illegal act of installation in 1949 and the criminal act of
Babri demolition has been legitimized and has also ‘quietly’
become part of social common sense.
The reaction of Congress has been
very pathetic. One knows that so far in the communal violence
which has stalked the streets it has kept quiet, and many a times
a section of its Chief Ministers and other top leaders have
presided over the carnage. When communalists have been on their
’job’ of massacring and maiming the innocent populace, the
Congress has been looking the other way around. Congress reaction
has been no different in the aftermath of this judgment. Congress
is happy that ‘peace’ is prevailing; it is immaterial for them
that this is not the peace of harmony but the peace based on
injustice. In their electoral calculations to speak as per the
Constitutional values and adherence to law has been dispensed with
long ago. Sticking to principles does not suit Congress
opportunistic communalism. There are still some voices of protest
and introspection which are deeply disturbed by this judgment.
This section does feel that the judgment is a big jolt to the
values of pluralism, democratic law and all that the idea for
which India stands.
The bureaucracy and the other arms
of state apparatus are satisfied as what matters for them is the
apparent calm. The preservation of the law of the land is not
their deeper concern. As such a large part of this machine called
Indian state has been heavily coated with the paint of divisive
ideology and it has imbibed the propaganda of the Hindutva,
masquerading itself as the representative of all Hindus. In the
steel frame of Indian state a section swears by Hindu nation
openly and still larger section is the quiet accomplice in the
process of erosion of democratic norms due to multiple factors.
These factors are the ceaseless communal propaganda, adverse
effects of globalization and the accompanying cultural changes. So
the question is, in this situation who is the guardian of Indian
Constitution? If the political leadership is happy with the
apparent clam and unconcerned about justice, the future of values
of Indian Constitution and principles of justice seem to be
threatened as never before.
The judgment and the reaction to it
is a matter of serious and severe concern for all those who want
to adhere to Indian Constitution and abhor the concept of Hindu
nation. It is the communal common sense which is dominating the
day. The legitimacy being conferred on bypassing of legal
foundations of India is a matter of much more serious concern then
the previous assaults on the Indian Republic, the murder of the
Father of the Nation Mahatma Gandhi, the anti Sikh pogrom, the
Babri demolition, the burning of Pastor Graham Stains, the Gujarat
pogrom, and the Kandhamal violence. One sees barring in the anti
Sikh program, the common link in all these attacks on the idea of
secular democratic India, is the ideology of Hindu nation, the
political agenda of RSS. In this phenomenon, assault on Indian
Constitution by RSS combine, the Congress plays an opportunist
role of an accomplice, letting the things take place. In that
sense it plays a supporting role in the violation of all whatever
the founding fathers of Indian nation stood for. One is reminded
of an analogy from the world of cricket. In this analogy Indian
Constitutional values are batsmen, RSS-Hindutva politics is the
bowler, Congress the fielder, communalized social common sense is
the Umpire raising his finger at every appeal by the bowler and
the section of state apparatus is the one deliberately overlooking
the mischief of those preparing the pitch suitable for this
bowler.
It is also reminiscent of the Nazi
Germany where the demonization of Jews, Communist, Trade
unionists, the erosion of popular culture and its impact on all
the wings of state got seeped by the fascist values, values of
suppression of minorities and other weaker sections of society.
One knows the painful fact that every episode of violence takes
the communal politics one notch up. The disturbing point is not
just that the judgment has by passed the law of the land, but also
that this has got such a welcome reception from all those powers
which matter.
The progressive forces and secular
movement has a lot of thinking to do. If secularism is being
attacked by RSS combine, if secularism is not being honestly
protected by the party in power, Indian National Congress, then
what is to be done to protect it? How will idea of India, Indian
Constitution be saved and by whom? The progressive liberal and
democratic forces have to wake up that. It is a ‘do or die’
situation for Indian democracy. The prevalent social common sense,
the erosion of democratic norms, the bypassing of Indian law by
the Courts, is a matter of serious concern.
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