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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

 

 

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Comments

  1. Yamini MacLeanMarch 28, 2023 at 9:36 PM

    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. Tomichan MatheikalMarch 29, 2023 at 7:04 AM

      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. जितेन्द्र माथुरMarch 29, 2023 at 12:49 PM

    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. Tomichan MatheikalMarch 29, 2023 at 12:58 PM

      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. A Hundred QuillsMarch 30, 2023 at 6:19 AM

    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. CareenaMarch 30, 2023 at 7:46 PM

    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. Tomichan MatheikalMarch 30, 2023 at 7:56 PM

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

      Delete

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