The Ayodhya Issue A Big Design to Challenge the Rule of Law

The Supreme Court of India is being targeted by the sangh parivar for allowing women entry in Sabarimala Mandir as well as for the postponement of Ayodhya case. It is neither out of their concern for ‘Dharma w Sanskriti’ (religion and culture), nor for the love of quick justice but for political expediency. While the…

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SYYED MANSOOR AGHA

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The Supreme Court of India is being targeted by the sangh parivar for allowing women entry in Sabarimala Mandir as well as for the postponement of Ayodhya case. It is neither out of their concern for ‘Dharma w Sanskriti’ (religion and culture), nor for the love of quick justice but for political expediency. While the ruling party, the parivar and the Government remained silent on decriminalising of unnatural sex, a crucial cultural issue, they are critical on the rulings related to Mandirs. This is just to whip out and exploit sentiments of people. They were all gleeful when women were allowed entry in Haji Ali shrine, but abusing the Judiciary on granting the same privilege to Hindu women in Sabarimala.

In a drubbing, the SC has expressed its displeasure on the way the Judiciary is being maligned.  “You don’t perform your job but you always criticise judiciary for the delay in Justice,” Justice Madan B Lokur told the ASG Mr. Aman Lekhi. (HT 29 Nov) It may be noted that courts are facing acute shortage of Judges for long. At present, some 3.3 crore cases are pending in the courts. Backlog in SC alone is over 60,000 and there are only 24 judges. Seven positions are vacant. Is such a case no reasonable person can blame judiciary for delays. Then why Sangh leaders, including Mr. Mohan Bhagwat, are targeting the highest court in the country?

There are at least two factors for this sudden spate of attack on the judiciary. For Mandir, they cannot raise their finger at their own government or the Minority community, so they are blaming the main opposition party, Congress and the SC. Their immediate aim is to create an emotional atmosphere for next elections. Their long-term objective is to create chaos and throw away the Constitution to bring in the whimsical rule of Hindutva.

 

FIRST AIM

Mr. Subramanian Swami, a senior BJP leader and M.P. (Upper House), has repeatedly said that BJP cannot win elections without playing the card of emotional issues like Mandir and Hindutva. He gave examples of Rao and Vajpayee regimes which were defeated in spite of economic uplift being felt. Here in the Modi Government, the situation is quite opposite. The failures of the Government are abundantly clear. Promises made during 2014 electioneering have fallen flat. The economy has dove down, unemployment increased. Hardships have gripped people. The living conditions have worsened. Communal harmony stands damaged. The parivar has no way out and turned to the Mandir issue with full-throated power.

As a prelude, some two dozen high ranking functionaries and hundreds other Hindu “saints” gathered in New Delhi on 3-4 November under the banner of “Akhil Bharatiya Sant Samiti.” After two days deliberations, they issued a ‘Dharmadesh’ (religious dictate) to the Union Government to bring forthwith a law to usurp the Muslim Waqf land for Mandir and threatened, “We will not compromise on anything less than the Ram temple.” The organising head declared, “We respect the court but nothing can stop the construction of the temple now.” Several well-known faces associated with the RSS were seen active in the conference. Clearly, it amounts to a grim threat to the rule of law.

This was followed by a “Dharam Sabha” on 25th Nov, in Ayodhya. Addressing the gathering a senior RSS functionary Krishna Gopal said, “Youth can go to any extent on the Ram Janmabhoomi issue” and that “Hindus want temples in Ayodhya, Kashi, Mathura.” He further said, “The RSS leader said Hindu society had been “insulted” and to wash that insult, “Shaurya Diwas” was observed on December 6, 1992. No one can dampen the ‘shaurya’ (bravery) of Hindu Samaj, he said. Acting against the rule of law and the Supreme Court order is being equated to an act of “bravery”.

Efforts were made to mobilise 3-5 lakh people by VHP and RSS to make it the biggest gathering of “Ram-bhakts”; however hardly 20-30 thousand people turned out. Several BJP MPs and MLAs were present but none of them shared dais. A BJP leader insisted Ram Mandir is a VHP movement, not ours. This failure caused for a few factors: (i) mass disillusion among masses, (ii) anger in farmers, (iii) non-participation of Dalits who have been badly treated in the Modi regime, and (iv) the economic hardship.

 

  1. BHAGWAT SPEAKS

As soon as it became known that Ayodhya meeting has flopped, RSS chief Mr. Mohan Bhagwat chose to address VHP’s “Jan Hunkar Rally” without prior schedule near RSS headquarters the same day. He directed Modi-led NDA government to “immediately bring a law for Mandir if the issue was not on the priority list of the Supreme Court.” He said, “If the top court – due to its inability to understand the sentiments of the Hindus, is failing to give priority to the case, it is up to the government to quickly bring a law.”

He claimed “Hindus have always abided by the law and shown enough patience”, and added, “Though the law is necessary, can society run only on the basis of law? Can any question be raised against matters of faith? Will you continue to evade the truth and the feelings of people?”

It is clearly a message to the people against the rule of the law and in favour of unfounded whims and recently coined “faith”. India has over ten million Mandirs, but there is no tradition of Ram Mandir.

On the face of ‘law-abiding’ claim, several questions arise. Will killing of Gandhi Ji, Indira Gandhi, Rajiv Gandhi, up to journalist Gauri Lankesh, Nellie massacre (1983), killing of Sikhs (1984), Hashimpura (1986), Babri Masjid demolition, 1984 anti-Sikh riots, and Gujarat 2002 be counted as “abiding by law”.

 

GIRIRAJ’S THREAT

Earlier, Union State Minister Giriraj Singh had threatened, “The Hindus are running out of patience. I do not know what may happen.” The BJP leader sent out a stringent warning to Muslims, asking them not to “test Hindus’ patience”.

 

9TH DECEMBER

Announcing the next big show on 9th December, in Ram Lila Ground, New Delhi, senior VHP leader Alok Kumar said the government should show the same urgency in bringing an ordinance for the construction of a Ram temple in Ayodhya as it did to amend the SC/ST (Prevention of Atrocities) Act, and Triple Talaq Act. He insisted a law passed in Parliament is the “only option” left to facilitate the temple’s construction.

There are so many other statements also, all woven in the same thread and indicating preparation of sangh parivar to flout wisdom and reason of SC Judges and instigate mobocracy. These statements are directed to erase respect of law and the Constitution from the minds of the public. They have declared to abide by only Dharam Sansad’s directives. What will be the ultimate result of this, if and when materialised? It may take decades to reach the culmination, but we can imagine the chaos all around beyond the control.

 

THE CJI ADVICE

Sensing the situation, Justice Ranjan Gogoi, Hon CJI, had warned the nation, “It is in our best interest to heed the advice of the Constitution. If we do not, our hubris will result in sharp descent into chaos,” he said.

Speaking on the Constitution Day on November 26, the CJI said, “Our Constitution is the voice of the marginalised as well as the prudence of the majority. Its wisdom continues to guide us in the moment of crisis and uncertainty.”

And when certain forces wanted to destroy the rule of law and the Constitution they really want to crush the voice of marginalised and the prudence of the majority.

 

MILITARY RULE

Whenever such a situation of extreme lawlessness is created, the intervention of armed forces becomes imperative either by invitation of Civil Government or by their own initiative, as had happened in our neighbour. We are proud of the integrity of our armed forces and their track record of initiating action in such a situation only under the instruction of the civil government, yet the presence of adherents of RSS philosophy in the cadre and commanding positions cannot be ruled out. Since 1920, sangh has established a chain of its own schools, the Shishu Mandirs and Saraswati Schools to infuse its dogmas in tender minds. In other schools and colleges also it grooms talented students, and helps them in clearing competitive examinations and getting postings. In armed forces also they get positions. It is hard to imagine that such officers may not be influenced. In such a condition, suspension of the Constitution and Judiciary is the everyday story. Joining of retired officers and other ranks in RSS and BJP is an indication that they had nurtured an inclination since before.

 

LAST WORD

In the present atmosphere, filled with hatred and false religiosity, the intelligentsia and political entities, which identify themselves with the ideologies of “tolerance, non-violence, universal brotherhood, and secularism”, must have to muster courage and go to the masses, counter fake news and false propaganda on social and electronic media. It is unfortunate that the oldest and biggest claimant of secularism has also taken shelter of “soft Hindutva”. Can they save India?

[The Contributor is a Civil Rights Activist and freelance journalist based in New Delhi. [email protected]]