Skip to main content

Judiciary as Government’s Handmaid

Image from Mathrubhumi (Malayalam weekly) 2 April 2023


The media in India became the central government’s lapdog long ago, with a few exceptions. Democracy bleeds when that happens. And democracy dies when the judiciary becomes the government’s handmaid. It is impossible for the citizens to get justice when the judiciary becomes a tool in the hands of the government. Anyone can be arrested for any reason. As it happened, for example, with the Kannada actor Chetan Kumar a few days back. He was arrested for tweeting that “Hindutva is built on LIES.” He mentioned a few lies too, like: 1992: Babri Masjid is ‘birthplace of Rama’ —> a lie. A few days after his arrest and remand to judicial custody, Rahul Gandhi was arrested for saying rather facetiously that too many Modis are thieves.

Truth is a crime now. Humour is a crime too.

A lot of our parliamentarians are hardcore criminals. There are murderers and rapists among them. There are swindlers and kidnappers. They continue to be our legislators while Chetan Kumar and Rahul Gandhi will be in jail for telling truths or jokes.

There is something far worse than this that is afoot, something that is corroding the very heart of India’s secular democracy. The country is insidiously being converted into a Hindu Rashtra using the judiciary.

In order to make the country a Hindu Rashtra, there are three possible ways. One, change the Constitution. If the BJP wins two-thirds majority in the next general elections (which is not impossible), the existing Constitution can be dumped and a new Constitution that declares the country as a Hindu Rashtra can be adopted.

Two, amend the existing Constitution. Make some changes so that Indian secularism becomes something similar to what the Pakistani Constitution claims: to protect the citizens of other faiths in the light of Islam’s creeds and doctrines. Instead of Islam, it will be Hindutva in India. The Constitution may call it Sanatan Dharma. Once this happens, criticising Hindu religion, gods, scriptures, etc will become a crime and gradually the non-Hindus can all be thrown behind the bars for telling jokes or praying to different gods or whatever.

Three, which is more likely to happen, interpret the existing Constitution as a Hindu document using the judiciary. This is already happening. Take a couple of examples.

The Ayodhya verdict says, among a lot of other contentious claims, that “Evidences support the faith and belief of the Hindus that Lord Ram was born where the Babri mosque was constructed. The conclusion that the place of birth of Lord Ram is the three domes can therefore be reached.”

The Hindu faith becomes the basis of the verdict. Similarly Hindu scriptures or conventions or practices or just anything can become the foundation of justice. That would mean that anyone can be proclaimed guilty somehow or the other. There is no justice, in other words. There is only religion. Rather, there is only politics.

This is happening. Chetan Kumar and Rahul Gandhi are just two recent examples.

In the verdict regarding the Hijab issue, there are explicit suggestions that Hinduism is the eternal law (Sanatan Dharma) unlike Islam or other religions. That is, it becomes the duty of every Indian to accept the tenets of Hinduism as eternal truths or moral codes. Justice Hemant Gupta of the Hijab case stated that “When dharma is used in the context of the state, it means constitutional law.” He added that “Dharmarajya is necessary for the peace and prosperity of the people and for the establishment of an egalitarian society.”

When the judiciary becomes so ‘religious’ and politically motivated, the death of secularism is a foregone conclusion.

The Hijab verdict went on to say that “The word ‘religion’ in articles 25 and 26 has to be understood not in a narrow sense but encompassing our ethos ‘Sarve Bhavantu Sukhinah’.” [Emphasis added]

Who are included in that pronoun ‘our’? Obviously not the Muslims of India. Implicitly not anyone belonging to religions other than Hinduism. Not even the Dalits, in practice.

Now, think. Isn’t India becoming a Hindu Rashtra? Hasn’t it already become one for most practical purposes?

Jai Hind!

PS. Politics has begun to be so detestable in this country that I want to stop writing about it. This post is in response to the latest IndiSpire prompt: Has Indian judiciary become a courtier of the government? #EnslavedJudiciary

 

 

Comments

  1. Hari OM
    I too find myself intensely dismayed at the falling away of true democracy, only to find in its place "sham-ocracy". Such heinous misuse of India's own deep culture, a culture so much the richer for all the facets within it. How can the brutes in charge not see how they damage their jewel, this diamond..??? YAM xx

    ReplyDelete
    Replies
    1. The greatest injustice done by the present leadership is precisely this perversion of the country's ethos, its great values and principles. It will demand nothing short of a Messiah now for redemption.

      Delete
  2. I fully agree to the thoughts expressed herein. India, for all practical purposes, has become a Hindu Rashtra (with the shamelessly bald help of the Indian judiciary). Redemption is a remote possibility now. We can only hope against hope that the things will improve in the times to come.

    ReplyDelete
    Replies
    1. It will take years to change any culture. The more perverted, the longer it will take. So we can only hope against hope!

      Delete
  3. We are certainly in a precarious democratic situation at the moment. We live in times when every word we say can be taken out of context with far reaching consequences.

    ReplyDelete
  4. I think about publishing opinions like these only to be discouraged by my parents. Because it's true, anyone can be jailed. This govt has succeeded to instill that fear. It's a slow painful death for our democracy.

    ReplyDelete
    Replies
    1. It is indeed dangerous to articulate opinions these days. I presume I'm not famous enough to be bothered about.

      Delete

Post a Comment

Popular posts from this blog

The Adventures of Toto as a comic strip

  'The Adventures of Toto' is an amusing story by Ruskin Bond. It is prescribed as a lesson in CBSE's English course for class 9. Maggie asked her students to do a project on some of the lessons and Femi George's work is what I would like to present here. Femi converted the story into a beautiful comic strip. Her work will speak for itself and let me present it below.  Femi George Student of Carmel Public School, Vazhakulam, Kerala Similar post: The Little Girl

The Little Girl

The Little Girl is a short story by Katherine Mansfield given in the class 9 English course of NCERT. Maggie gave an assignment to her students based on the story and one of her students, Athena Baby Sabu, presented a brilliant job. She converted the story into a delightful comic strip. Mansfield tells the story of Kezia who is the eponymous little girl. Kezia is scared of her father who wields a lot of control on the entire family. She is punished severely for an unwitting mistake which makes her even more scared of her father. Her grandmother is fond of her and is her emotional succour. The grandmother is away from home one day with Kezia's mother who is hospitalised. Kezia gets her usual nightmare and is terrified. There is no one at home to console her except her father from whom she does not expect any consolation. But the father rises to the occasion and lets the little girl sleep beside him that night. She rests her head on her father's chest and can feel his heart...

Are You Sane?

Illustration by Gemini AI A few months back, a clinical psychiatrist asked me whether anyone in my family ever suffered from insanity. “All of us are insane to some degree,” I wanted to tell her. But I didn’t because there was another family member with me. We had taken a youngster of the family for counselling. I had forgotten the above episode until something happened the other day which led me to write last post . The incident that prompted me to write that post brought down an elder of my family from the pedestal on which I had placed him simply because he is a very devout religious person who prays a lot and moves about in the society like the gentlest soul that ever lived in these not-so-gentle terrains. I also think that the severe flu which descended on me that night was partly a product of my disillusionment. The realisation that one’s religion and devotion that guided one for seven decades hadn’t touched one’s heart even a little bit was a rude shock to me. What does re...

Florentino’s Many Loves

Florentino Ariza has had 622 serious relationships (combo pack with sex) apart from numerous fleeting liaisons before he is able to embrace the only woman whom he loved with all his heart and soul. And that embrace happens “after a long and troubled love affair” that lasted 51 years, 9 months, and 4 days. Florentino is in his late 70s when he is able to behold, and hold as well, the very body of his beloved Fermina, who is just a few years younger than him. She now stands before him with her wrinkled shoulders, sagged breasts, and flabby skin that is as pale and cold as a frog’s. It is the culmination of a long, very long, wait as far as Florentino is concerned, the end of his passionate quest for his holy grail. “I’ve remained a virgin for you,” he says. All those 622 and more women whose details filled the 25 diaries that he kept writing with meticulous devotion have now vanished into thin air. They mean nothing now that he has reached where he longed to reach all his life. The...

To an Old Friend

Image by Copilot Designer Dear S, I don’t know if you’d even remember me after all these decades, but I find myself writing to you as if it were only yesterday that we parted ways. You were one of the few friends I had at school. You may be amused to know that a drawing of yours that you gifted me stayed with me until I left Kerala after school. Half a century later, I still remember that beautiful pencil drawing, the picture of a vallam (Kerala’s canoe) resting on a shore beneath a coconut tree that slanted over a serene river on whose other bank was an undulating hilly landscape. A few birds flew happily in the sky. Though it was all done in pencil, absolutely black and white, my memories of it carry countless colours. I wonder where you are now. A few years later, when I returned to Kerala on holiday, I did visit your village to enquire about you. But the village had changed much and your hut on the hill wasn’t seen anymore. Maybe, you moved on. Maybe, you took up your father’s...