Supreme Court wants new laws against lynchings. It warns of “mobocracy” which could eat away the vitals of a free, just society. What it missed was an address to itself, a reflection whether it too could have played a part in this growing “gang rule.”
Mobs taking law in its hands could have various genesis: emotional, religious, civic, political etc. Bigger the mob, bigger the suspicion that it’s part of an organized group or political party. Often state machinery colludes with it. Police, just an arm of state, is unable to overrides its bosses. But what stops judiciary?
Two issues have troubled two generations of Indians on two sides of two centuries. One is justice to the 1984 anti-Sikh riot victims. The other is Ram Janmabhoomi. To thousands of Sikh families, indeed the entire community, 1984 riots is a festering wound. As for Ram Janmabhoomi, millions of Hindus suspect that top judiciary has played its role in obstruction of a decision. We all know, Justice delayed is justice denied, isn’t it.
In the 1984 Sikh riots, 3325 people were murdered, 2733 were in Delhi alone. Powerful Congress leaders were named. Some, like HKL Bhagat, have since died. Others like Sajjan Kumar, Jagdish Tytler and Kamal Nath are still around. Nearly 10 Commissions have sent in their reports in three decades.
The Nanavati Commission, created by Vajpayee government, made public a lot of shocking details. Manmohan Singh had to apologise to the country (but not as Congress’ representative!). Tytler lost his ministry. And that’s it. Only 30 people, mostly low-ranking Congress supporters, were convicted. No prosecution for rape yet.
Police, no surprises here, kept botching up 100s of cases. Special Investigations Teams (SIT) have yielded little. It closed 241 of 587 cases anti-Sikh riots cases on lack of evidence. Most of them, admittedly, are being reopened by the Supreme Court.
Blame it on system, if you may; police and judiciary could pass on the buck to each other, but in perception of the masses, especially Sikhs, the perpetrators of 1984 riots remain unpunished. Mobs are formed when belief in the system is eroded. All three organs of the state: executive, legislative, judiciary are equally guilty.
There is no gainsaying by judiciary that it could only judge what is brought in front of it by investigating authorities. Several police officers have been indicted by various Commissions. Why not persecute them for contorting justice? Why not question the cover of exoneration which departmental inquiries have provided them?
Ram Janmabhoomi is another chore. The judgment has been pending for over two decades after the High Court verdict which gave two-third of the land to Hindus. There is no obstruction by police or Parliament. Yet, the ball is in judiciary’s court for too long.
Issues such as above weaken citizens’ trust. They then seek justice through the prism of their own outrage. A stalker is then lynched because people of this country aren’t sure when, and if, justice would be delivered. It could happen even in petty crimes, such as a pick-pocket being lynched.
The fear is, judiciary is increasingly suspected of courting populism. When judges address press conference; when it opens its doors in midnight (not Karnataka, this is about Karti Chidambaram being granted relief at Madras High Court judge’s residence), when judiciary addresses adda of a newspaper, it’s suspected of PR, showcasing itself in better light than its brothers-in-arm, executive and judiciary.
Supreme Court’s intervention on matters of lynchings are sure to warm the heart of every neutral citizens of the country. Only if such citizens could reflect whether it’s necessary. Whether India doesn’t have suficient criminal laws to deal with such issues. And if it has such laws, whether the issue is just of enforcement? Without enforcement, if the prodding for new law by Supreme Court could only make the latter appear pretty, and little else.
The All-India Muslim Personal Law Board (AIMPLB) has plans to introduce Sharia Courts (Darul-Qaza) in all 640 districts of India.
Even though Sharia Courts have no locus standi in the precincts of India’s courts, and that individuals and not a religious group is an entity in the eyes of a “secular” state, the AIMPLB recommends itself to solve the personal conflicts of Muslims in this country, citing the inordinate time a case takes in legal courts and claiming the guardianship of interpreting “Quran” the holy book for its adherents.
It’s a dangerous, calculated ploy by the AIMPLB to present itself as the upholder of “Quran” and thus obtain a complete subservience from the Muslim population of India, preparing a ground of conflict with India’s legal system which has recently made a move on the “triple talaq” issue and which is at the cusp of making a “Ram Janmabhoomi” verdict.. It’s preparing a ground for “two-nation” theory and has seeds of another Partition, another Pakistan in it.
The threat is real due to the weak nature of Indian judiciary which, in the past, passed a Shah Bano judgement couched as its “interpretation” of Sharia laws. India’s rule of government is no better in cracking a whip on a body about whom 95.5% percent of Muslim women have not even heard of.
Prof. Mohammad Tahir, an international expert on Muslim law, and a former chairman of Minorities Commisson, has no doubt that the Muslim law board manipulates Quran to perpetuate regressive laws and that it needs to be abolished. A few of the instances he cites,are worth quoting: “There are two verses in Quran on talaq. One verse says, `Divorce is only twice.’ The other Quranic verse says a person can’t divorce his wife unless there is an arbitration or reconciliation process from both sides. The Maulvis prefer to choose the first verse as law and the second as a mere morality.
“Similarly there is no Quaranic sanction for a Muslim law which treats two female witnesses as equal to one male witness… Every sensible Hadith is declared false, every sensible verse of the Quran has been abrogated.”
“Frankly I want (Muslim law) board to be abolished. It’s members are paranoid and they speak rubbish. Everytime the Supreme Court delivers a judgement, the Board says it is interfering with the Shariat.”
We have the instances of Muslim women denied fair marriage, divorce, adoption and property rights. No women-in -dargahs; polygamy etc is practiced. Prohibition on child marriage is opposed by AIMPLB. Free voices, like Salman Rushdie, would continue to be muzzled.
The fall-out and damage to India’s social fabric consequently has been massive. It has led to Muslims retreating themselves into “ghettos” and “no-go zones.” There is no assimilation and thus regressive mindset kicks in which fuels similar destructive forces of other minorities. In the name of “secularism”, the majority in India allows such self-appointed bodies to hijack and set the agenda for the minorities to the detriment of the nation.
Thus a “nation-within-nation” takes shape. It’s funded by forces which wants jihad for Muslim sovereignty across the globe. From US to Philippines, every society today is facing this challenge. First, an exclusive area is forged; it then develops into a zone which police has problem in accessing. Lawlessness emerges. Politicians fish in troubled waters. It’s not long before government loses control of such areas. Terrorism and drugs thus come to hold sway. Soon there is a call to declare them “Islamic zones.” Several European cities today are victims of such phenomenon. For example, a radical group in UK wants 12 British cities, including London, to turn into independent Islamic states.
Look at Bengal. It has hundreds and thousands of illegal infiltrators from Bangladesh, duly aided by ISI-modules. Consequently, there are 100s of villages in Bengal where police has no say, abetted of course by politicians. When fundamentalist Mullahs make a call for no-entry to the likes of Taslima Nasreen, neither police nor politicians are of any help.
Initially, the British judges in India were assisted by Muftis and Qazis. The Qazis Act of 1880 deprived the Qazis of their judicial powers. The British courts thereafter made judgment on Muslim Personal Law. There was a persistent demand in the first quarter of 20th century to have Sharia Courts. Muslims followed the Hindu Act till 1937 when the Muslim Personal Law Application Act was passed. The All India Muslim Personal Law Board came into being during Indira Gandhi’s rule in 1973.
The life around us could soon descend into chaos, anarchy, riots and who knows, civil war. That’s what happens in completely communally polarized societies with weak judiciary and appeasement politics. Similar was the situation during the final years of Raj when bigoted forces managed to vivisect India, slicing off its Eastern and Western arms. Appeasement lay at the root of it. History seems set to repeat itself and it would, unless it’s dealt with firmly and decisively. As citizens, we would be no less responsible for our indifference.
Ramachandra Guha and Harsh Mander began—and hopefully ended—“the minority space” series in Indian Express on Tuesday. On the Day of Judgment—for they would prefer such an option rather than the presence of Bhagwan Vishnu—the duo would be hard pressed to explain the deviousness of their heart; the venoms of their actions.
Over the last fortnight or so, Indian Express has almost daily pushed this “minority space” agenda on its edit pages. This stems from the fear of Left-Liberals that, God forbids, if Muslims—and Dalits—were able to recognize that BJP and Modi are their best friends, the last plank of their survival would sink and take them down too in the vast ocean of human junk and wastefulness.
The agenda of these two academic/activist charlatans is clear: Make Muslims fearfully conscious of their separateness from the Hindu majority so that they are further pushed into a seized mentality and a common ground with Hindus is never created. Create Hinduphobia so the Muslims are not able to see the deviousness of Congress, BSP, Left who have done practically nothing for the minority in the last 70 years. The idea is to deny Hindus and Muslims a common ground.
Guha and Mander would skillfully hide the fact that out of 125 Muslim-majority seats in Uttar Pradesh, 84 went to BJP in the last assembly elections. That BJP has 79 Dalit MPs, 549 Dalit MLAs and one Dalit president.
While they beat their breasts and bemoan Muslims being treated as second-class citizens in Hindu-majority India, you would never see them acknowledge that it was Muslims who plunged the dagger of partition into the heart of this nation. You would never find them question Asaduddin Owaisi as to when the latter swears by the sanctity of the Constitution, what problem he has with the protection it offers to cows; or when its core ethos ask for a Uniform Civil Code.
You would never see them encourage Muslims to let Hindus have their way with the Ram Janmabhoomi. After all, even in austere places like Saudi Arabia it is common to move Masjid out of the way, in case infrastructural or other such need arises. Why, just four years ago, there was even a proposal to move Prophet Muhammad’s tomb! After all, Quran ordains that Namaaz could be read anywhere, it doesn’t need a Masjid for the act. While Namaaz could thus be performed even on roads, there can only be one Ram Janmabhoomi. Guha and Mander would never ask Muslims to make this one small gesture and see the flood of goodwill which would emanate from the majority. Imagine how much strength and unity just one gesture could do to the idea of a unified and strong India.
Guha and Mander would never highlight the fact that the 1857 War of Independence was an act of revolt by the Hindus who nevertheless chose a Muslim—Mughal Emperor Bahadur Shah Zafar—to be their leader in the struggle.
You would never see them making an appeal to Muslims to do meaningful reforms. After all, there is a great deal of truth that unlike Christianity went through a Reformation Age, and Hindus had the Bhakti Movement to cleanse the outdated practices, Muslims perhaps never quite clinically reevaluate if a few of Quran’s maxims needed a debate. You would never find Guha or Mander question the Muslim leadership on their lack of progressive agenda down the centuries to the present modern age.
Guha even bemoans that Hindus were once led by Nehru-Gandhi and now by Modi-Shah. He would never reflect if this change is because Hindus feel Nehru and Gandhi betrayed them and the nation during the Independence struggle by appeasing Muslims—which led to thousands of Hindus lives lost during the Khilafat movement and Direct Action Day– and causing the Partition.
Men like Guha and Mander would show a trishul as a sign of Hindu fundamentalism; they would never analyse why such a majority still treats three Khans as their superstars. Why an APJ Abdul Kalam is loved and respected by practically every educated Hindu.
Most tellingly, Guha and Mander are now marginalized voices because of their selective truths. Just look at the reactions Guha has managed on his twitter handle. By mid-day, it had barely touched 100 reactions. And most of them were scathing to his piece that has appeared in Indian Express on Tuesday.
A point about Indian Express too (And The Wire, predictably joined the chorus). While they pick up every major (Guha) and minor (Apporvanand) voice to create fear psychosis about “minority space”, why there is never an intellectual giant such as Subramaniam Swamy or Rajiv Malhotra being asked to present their viewpoints? Why stray incidents are picked and highlighted to paint the entire Hindu community in bad light?
Besides, who wins if India loses?