Artclculturalconflictforaffairs

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 2

Statistical outline of India 2001-2002, TSLtd.,Mumbai(India),p.35 Malthus, “Statistics is the language of the future” .

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

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Cultural Nationalism Vs. Pluralism : The Electoral Challenge and Democratic principles of Indian Constitution By Syed Kamran Razvi

In the era of communication blitzkrieg the politicalright 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, Identitycrisis, 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 states3 and then in 2004 the General elections4. The highly competitive 3

Narendra Modi was the star campaigner, the incumbent Gujarat Chief Minister blamed for riots. Indeed now these states have the BJP government routing Congress government in three key states of the Hindi heartland. 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 the common voter more easily than development issues…., it will be ten more years…” April, 2004. This was This paper was presented at IIU, international conference in Aug,2004,at Kaula Lumpur, Malaysia

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Cultural Nationalism Vs. Pluralism : The Electoral Challenge and Democratic principles of Indian Constitution By Syed Kamran Razvi

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 legislaturei

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. This paper was presented at IIU, international conference in Aug,2004,at Kaula Lumpur, Malaysia

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Cultural Nationalism Vs. Pluralism : The Electoral Challenge and Democratic principles of Indian Constitution By Syed Kamran Razvi

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 crisisiv. 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, casteless Indians as part of Hindu varna or society at large. Some of them like Jains, Bodhs and Sikhs, Parsis are today governed by Hindu Family Laws. Despite they being founded on opposition to the Varna(caste) system. This paper was presented at IIU, international conference in Aug,2004,at Kaula Lumpur, Malaysia

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Cultural Nationalism Vs. Pluralism : The Electoral Challenge and Democratic principles of Indian Constitution By Syed Kamran Razvi

Indeed the Judgement6 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, 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 an enactment in 2003 called The Fiscal Responsibility and Budget Management Act. 7

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

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Cultural Nationalism Vs. Pluralism : The Electoral Challenge and Democratic principles of Indian Constitution By Syed Kamran Razvi

This proved a perfect setting for the electoral demagogues. The political consternation saw the decline of Congress’s 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 decade8. 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 42nd 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

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

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Cultural Nationalism Vs. Pluralism : The Electoral Challenge and Democratic principles of Indian Constitution By Syed Kamran Razvi

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 Sanghix 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 42nd amendment to the Indian constitution. However like all political movement they too waited for the ‘opportune time’ (translate as mass 9

There is talk of soft hindutva, but my opinion is that is farce. It means pleasing of all those old and conservative Hindu structure which only supports Varna system. Moreso it embroils mix of polity and religion. 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. This paper was presented at IIU, international conference in Aug,2004,at Kaula Lumpur, Malaysia

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Cultural Nationalism Vs. Pluralism : The Electoral Challenge and Democratic principles of Indian Constitution By Syed Kamran Razvi

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-right alliance comes to power at centre in June 2004, when the results will be declared for the General elections 2004. This paper was presented at IIU, international conference in Aug,2004,at Kaula Lumpur, Malaysia

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Cultural Nationalism Vs. Pluralism : The Electoral Challenge and Democratic principles of Indian Constitution By Syed Kamran Razvi

and the Mahaartix 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 wellxi. 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.

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

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Cultural Nationalism Vs. Pluralism : The Electoral Challenge and Democratic principles of Indian Constitution By Syed Kamran Razvi

The Israelis became very close to the political Hindu Right which has lapped them Defence contracts worth $300400 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 soulsearching or looking for their own identity.

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

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Cultural Nationalism Vs. Pluralism : The Electoral Challenge and Democratic principles of Indian Constitution By Syed Kamran Razvi

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 Gandhixiii carried out with his daily morning prayers. The RSS which is the main ideologue of the Sanskritization of masses and shuddhixiv 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

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

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Cultural Nationalism Vs. Pluralism : The Electoral Challenge and Democratic principles of Indian Constitution By Syed Kamran Razvi

Pradesh which was fast converting into Hindi Heartland (a linguistic

movement

solemnized

under

the

Official

Language Act) reacted sharplyxv. 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.

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

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Cultural Nationalism Vs. Pluralism : The Electoral Challenge and Democratic principles of Indian Constitution By Syed Kamran Razvi

Interpreting Constitutional provisions during (internal) Emergency Eraxvi: 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.”

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

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Cultural Nationalism Vs. Pluralism : The Electoral Challenge and Democratic principles of Indian Constitution By Syed Kamran Razvi

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 sexdetermination 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

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

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Cultural Nationalism Vs. Pluralism : The Electoral Challenge and Democratic principles of Indian Constitution By Syed Kamran Razvi

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 Satixix. 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:

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

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Cultural Nationalism Vs. Pluralism : The Electoral Challenge and Democratic principles of Indian Constitution By Syed Kamran Razvi

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

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

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Cultural Nationalism Vs. Pluralism : The Electoral Challenge and Democratic principles of Indian Constitution By Syed Kamran Razvi

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.

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

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Cultural Nationalism Vs. Pluralism : The Electoral Challenge and Democratic principles of Indian Constitution By Syed Kamran Razvi

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’) Sabarmatixxi 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

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

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Cultural Nationalism Vs. Pluralism : The Electoral Challenge and Democratic principles of Indian Constitution By Syed Kamran Razvi

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.Gandhi’s (a Gujarati) success against the British and the

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

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Cultural Nationalism Vs. Pluralism : The Electoral Challenge and Democratic principles of Indian Constitution By Syed Kamran Razvi

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 India’s past. All, to add and restore glory to India’s 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

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

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Cultural Nationalism Vs. Pluralism : The Electoral Challenge and Democratic principles of Indian Constitution By Syed Kamran Razvi

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

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

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Cultural Nationalism Vs. Pluralism : The Electoral Challenge and Democratic principles of Indian Constitution By Syed Kamran Razvi

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

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

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Cultural Nationalism Vs. Pluralism : The Electoral Challenge and Democratic principles of Indian Constitution By Syed Kamran Razvi

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 12311 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.

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

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Cultural Nationalism Vs. Pluralism : The Electoral Challenge and Democratic principles of Indian Constitution By Syed Kamran Razvi

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 reorganization. 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.

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

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Cultural Nationalism Vs. Pluralism : The Electoral Challenge and Democratic principles of Indian Constitution By Syed Kamran Razvi

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 lacs13 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.

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

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Cultural Nationalism Vs. Pluralism : The Electoral Challenge and Democratic principles of Indian Constitution By Syed Kamran Razvi

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. This paper was presented at IIU, international conference in Aug,2004,at Kaula Lumpur, Malaysia

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Cultural Nationalism Vs. Pluralism : The Electoral Challenge and Democratic principles of Indian Constitution By Syed Kamran Razvi

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

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

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Cultural Nationalism Vs. Pluralism : The Electoral Challenge and Democratic principles of Indian Constitution By Syed Kamran Razvi

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 Commissions Act,1992. This paper was presented at IIU, international conference in Aug,2004,at Kaula Lumpur, Malaysia

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Cultural Nationalism Vs. Pluralism : The Electoral Challenge and Democratic principles of Indian Constitution By Syed Kamran Razvi

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 UP Chief Minister Kalyan Singh who has undertaken the safety of Babri- mosque, during the prayers at the site on dec.6,1992. Please see the endnote (ii) also. This paper was presented at IIU, international conference in Aug,2004,at Kaula Lumpur, Malaysia

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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 Author’s paper titled “ Protection of Human Rights Act,1993 : The progress and implementation, A critical analysis of executive and judicial success in India” presented at Seattle University School of Law,Feb,2004 NSALSA conference. This paper was presented at IIU, international conference in Aug,2004,at Kaula Lumpur, Malaysia

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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 India’s 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 and electoral malpractice against BJP leaders in Lucknow, when some 30 odd women died in stampede in the BJP 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 AB Vajpayee, Prime Minister being the candidate from that parliamentary constituency. During the period the electoral process is complete, the Election Commission of India is incharge of the administration. It literally runs the country. Election Commission of India is a constitutional body. This paper was presented at IIU, international conference in Aug,2004,at Kaula Lumpur, Malaysia

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

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

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Cultural Nationalism Vs. Pluralism : The Electoral Challenge and Democratic principles of Indian Constitution By Syed Kamran Razvi

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

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i

The Times of India, Dec.16,2002

Supreme Court punished then incumbent UP Chief Minister Kalyan Singh for just one day imprisonment 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 BJP Hqrs.and now runs a rival political party ii

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

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 the same Hindu right coalition in the universities and the streets through out India. iv

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

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

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 revenue surplus and removing fiscal impediments in the effective conduct of monetary policy and prudential debt management consistent with fiscal sustainability through limits on the central government borrowings, debt and deficits, greater transparency in fiscal; operations of the central government and conducting fiscal policy in a medium term framework and for matters connected therewith or incidental thereto. vii

Adding ‘socialist’ and ‘secular’ to the description of Indian Republic leading to the Nationalisation Act 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 a minority government with the support of the Congress party, this had as many ministers as many MPs (about sixty in all it had.) viii

This party was founded by Shyama Prasada Mukherjee ,a member of the national government in 1950. ix

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. They were 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 was confirmed of electoral malpractices by Bombay High Court, and consequently was stripped of voting right for six years ending now in 2004. x

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 sentiments and highly politicized State force opened fire at the Railway Station. One of the survivor was close friend of mine who lived the day because the rusted carbine of a constables jammed. So they could only fire the single shots from the enfield.303. xi

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

He was assassinated by one N.R.Godse who was a member of Hindu Mahasabha on 30th January1948. The group and the individual is still important figure for the Right Hindu coalition. xiii

This is the movement which started in the mid-19th 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 in way of many reforms. Modern India, Bipin Candra, NCERT,1984. xiv

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

During the Indian National Congress regime in 1976-77, Emergency was imposed in India. Thie entailed postponement of elections for few years time. It finally led to first National Opposition Coalition 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 the High Court under the Part V of the Representation of People’s Act, 1951 and Art.329 clause(b) of Indian Constitution. xvi

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

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

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 as unreported and non-prosecution xix

xx

India Today weekly, March 2002.

xxi

Xvii The place of the second civil disobedience in 1930 from where Gandhi started the movement against the British Colonial regime.

xxii

A ruler from Ghaznavi in Trans-Oxia, in early 12th 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 in India” by ABM Habibullah, Central Book Depot Allahabad India,1976,P.4 “Sardar

xxiii

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

“The Saffron man-Democarcy & Hindu Nationalism in Modern India” by Thomas Blom Hansen, OUP,1998 edn. xxiv

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 wide called by the ruling BJP government. Even his actions were challenged by PIL in Gujarat High Court which was subsequently 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 visited 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) xxx

xxxii

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

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 the State”. The constitution also provides for Parliamentary prerogatives and privileges and that of the Executive 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 a question of law or facts has arisen or is likely to arise, which is of such nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court upon it. He may refer the question to that Court for consideration and the Court may, after such hearing as it thinks fit, report to the President its opinion thereon. (2) The President may, notwithstanding anything in the proviso to Art.131, refer a dispute of the kind 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.” In re : Jamia Lawyers Alumni & Ors. Vs UOI and Ors., CW … of 2004 , the issue of establishment of 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. The apex court can also pronounce Law under Article 141 of the Constitution of India till it is suitably replaced by enactment. The Author is main petitioner there. xxxv