Hate as Harmony – Law and Order under Saffrons
Muslims were equated to “demons” and “descendants of Ravana”, and warned of a “final battle”, as the Sangh Parivar held a condolence meeting here for VHP worker Arun Mahaur, who was killed last week allegedly by some Muslim youths. Among those present on the dais were Union Minister of State, HRD, and BJP Agra MP Ram Shankar Katheria as well as the BJP’s Fatehpur Sikri MP Babu Lal, apart from other party local leaders, who joined in the threats to Muslims. Speaker after speaker urged Hindus to “corner Muslims and destroy the demons (rakshas)”, while declaring that “all preparations” had been made to effect “badla (revenge)” before the 13th-day death rituals for Mahaur.
What
does someone do in the winter of one’s own life when you discover that
the values you cherished, the principles for which you fought for have
suddenly lost their meaning and the world before you is turning upside
down ?
Perhaps
you express your anguish to your near and dear ones or write a letter
about the deteriorating situation around you in your favourite newspaper
or as a last resort appeal to the custodians of the constitution that
how you are ‘forced to hang your head in shame’.
Admiral
Ramdas, who has served Indian Military for more than four decades and
has remained socially active since then, followed his voice of
conscience. Deeply pained by the developments around the
eighty plus year retired admiral wrote a letter to the President and
Prime Minister of India few months back and had reminded them of their
‘[b]ounden duty that the elected Government of this nation must honour
the rights of every citizen of this land as amply spelled out in the
Preamble of the Constitution and further elaborated in the Directive
Principles of state policy.’ (http://timesofindia. indiatimes.com/india/Forced- to-hang-my-head-in-shame- Former-Navy-chief-writes-open- letter-to-President-Mukherjee- PM-Modi/articleshow/49525656. cms)
One does not know whether the President and the Prime Minister found time to reply to his concerns or not.
And
now comes the ‘Citizens Appeal’ signed by former judges and IPS
officers, scientists and businessmen – a list which includes Justice PB
Sawant, Justice Hosbet Suresh, Justice Sachar and Julio Ribeiro and
others–reiterating similar concerns albeit addressed to the to the Chief
Justice and all other Judges of the Supreme Court of India urging them
to take suo moto constitutional action on the issue of alarming
and threatening statements being made by persons currently in powerful
constitutional positions within the Union government. The said appeal
which provides shocking details of the speech made by Ram Shankar
Katheriya in Agra, where he had gone to address a condolence meeting
over the murder of a VHP activist, also includes details of many such
examples of hate speeches made earlier by other footsoldiers or leaders
of Hindutva Brigade. (https://www.sabrangindia.in/ article/citizens-appeal-sc- suo-motu-action-against-hate- speech)
Underlining
the fact that fundamental rights of the people under Article 14, 19, 21
and 25 of the Indian Constitution need to be protected it also urges
that “[t]he minister, the MP, the MLA and all other culprits need to be
punished for violating their constitutional duty under Article 51A(e) to
promote harmony and the spirit of common brotherhood amongst all the
people of India transcending religious diversities. ”
As
things stand while cases have been filed against other leaders of the
Hindutva Brigade after much pressure who participated in the meeting and
gave vent to their ideas, no such case has been filed against the
minister. Thanks to the Union Home Minister Rajnath Singh who dismissed
Opposition demands to sack Katheria for his hate speech in Agra last
week, as he did not find anything “objectionable” in the Agra MP’s
remarks. One learns that he is being projected as a counter to Mayawati.
While it is for the highest judiciary to decide how it wants to react to ‘Citizens Appeal’ -specifically regarding suo motto action
against hate speech is concerned, if one goes by Justice Ahmadi’s
observations – who was Chief Justice of the Supreme Court (1994-97) –
made in a thought provoking presentation few years back it has been
found to be wanting on that score.
It is not that provisions in law have been left unambiguous so that no action can be taken against such rabble-rousers.
Under
Indian Law promoting enmity between different groups on grounds of
religion is a recognized criminal offence. The Indian Penal Code (IPC)
prescribes criminal prosecution for “wantonly giving provocation with
intent to cause riot” (section 153); “promoting enmity between different
groups on grounds of religion” (section 153A); “imputations, assertions
prejudicial to national integration” (section 153B); “uttering words
with deliberate intent to wound the religious feelings of any person”
(section 298); “statements conducing to public mischief” (section 505
(1), b and c); and “statements creating or promoting enmity, hatred or
ill-will between classes (section505(2). Section 108 of the Code of
Criminal Procedure, in addition, allows an Executive Magistrate to
initiate action against a person violating section 153A or 153B of the
IPC.”
2.
It is not difficult to understand why Mr Rajnath Singh did not object to Mr Katheria’s speech.
In
fact, one is yet to hear from him about the alleged hate speech made by
of one of his colleagues – who is a member of parliament – wherein he
had called for ‘end of Islam’ which is followed by more than 170 million
Indian citizens. Anant Kumar Hedge had told reporters in his
constituency of Uttara Kannada :
“As long as we have Islam in the world, there will be no end to terrorism. If we are unable to end Islam, we won’t be able to end terrorism. If you media people have the freedom to report this, please report this,”
Talking to Huffington Post in Delhi he had further targeted Islam
“Is it a peaceful religion? Peace and then Islam are opposite words. Wherever Islam is, peace is not there. Wherever the peace is there, there is no Islam. These two words are totally opposite words” (-do-)
Commenting
on his remarks Huff Post mentions it rightly that ”Hedge’s offensive
remark hasn’t received half as much as attention as Ram Shankar
Katheria, BJP’s lawmaker from Agra, who compared Muslims to “demons” and
warned of a “final battle.” (-do-)
Perhaps
silence around Hedge’s speech or finding ‘nothing objectionable’ in Mr
Katheria’s speech has either to do with one’s political compulsions or
one’s own ability to see things as they are and speak about it. One
needs to explore it a bit – which is beyond the scope of this brief note
– what is the interrelationship between one’s worldview and one’s
understanding or comprehension of things. Theweltanshauung/worldview of RSS, which the honourable minister believes in, is known for its search of imaginary enemies.
And
it was only last week that Mr Rajnath Singh similarly refused to look
at the breakdown of law and order in neighbouring state Haryana during
the Jat agitation for reservation which witnessed killing of thirty
people, destruction of property worth billions of rupees, and alleged
incidents of gang rapes on Delhi-Ambala highway by those involved in
this agitation. As opposed to him, Sukhbir Badal, deputy chief minister
of Punjab, whose party Akali Dal happens to be one of his parties
closest allies had no qualms in comparing this spate of violence in
Haryana during agitation for Jat reservation to the 1984 anti-Sikh
riots.
Talking
to reporters Rajnath Singh said that the BJP government there in
Haryana handled the situation well during the Jat quota agitation. When
he was specifically asked whether the Khattar government failed to
control the violence he underlined,
‘[w]hatever the state government had to do, they did. They did well’
One
was suddenly reminded of the then home minister’s reaction to the
carnage in Gujarat in the year 2002 when the then state government led
by Narendra Modi was found to be wanting on many scores, a fact which
had even compelled the then PM Vajpayee to remind him of Rajdharma.
Union Home Minister L K Advani had praised the Gujarat government for
‘exemplary’ handling of the situation on the floor of the house.
3.
It
is to be expected that this inability or refusal to look at things as
they are by someone in authority or her/his political compulsions to do
that is leading to unforeseen consequences.
Anyone
who has watched the actions of the Delhi Police since last one month –
where it has received tremendous flak not only from civil society
organisations but also from judiciary also for its handling of the JNU
issue can be seen in this context. The way in which it handled the
attack by a section of self proclaimed Deshbhakt lawyers on
teachers, journalists and students in the precincts of the Patiala
court, the manner in which it abdicated its responsibility when there
was a repeat attack two days later, the way in which it treated the accused involved in the case, have further impacted its image.
And
it is evident that even after exit of its most controversial boss in
recent times who happened to be (to quote Shekhar Gupta) ‘our most
articulate and imaginative sleuth since Vividh Bharati’s Inspector
Eagle’ (http://www.business-standard. com/article/opinion/shekhar- gupta-student-of-the-year- 116030401563_1.html) the police is not yet ready to make a mid-course correction.
It
is yet to file criminal cases against those channels which aired
doctored videos about the JNU incident and helped create a frenzied
atmosphere all over the country
Its
reaction to inflammatory posters put up in Central Delhi which offered a
reward of Rs 11 lakh to anyone who shoots Kanhaiya Kumar dead gives
further indication of its growing intransigence. The posters in Hindi
read, “Whoever shoots JNUSU president and traitor Kanhaiya Kumar will be
rewarded Rs 11 lakh from the Purvanchal Sena.” The poster was signed by
one Adarsh Sharma, ‘Son of Purvanchal, President, Purvanchal Sena’, and
also included his mobile number.
Media
tells us that police ‘promptly’ registered case against Sharma for
defacing public property, remember not related to conspiracy and attempt
to murder. And perhaps as an afterthought, when it received ridicule on
social media, said that it is investigating the case further and other
charges can be added later.