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

In this Wonderland

I didn’t write anything in the last few days. Nor did I feel any urge to write. I don’t know if this lack of interest to write is what’s called writer’s block. Or is it simple disenchantment with whatever is happening around me? We’re living in a time that offers much, too much, to writers. The whole world looks like a complex plot for a gigantic epic. The line between truth and fiction has disappeared. Mass murders have become no-news. Animals get more compassion than fellow human beings. Even their excreta are venerated! Folk tales are presented as scientific truths while scientific truths are sacrificed on the altar of political expediency. When the young generation in Nepal set fire to their Parliament and Supreme Court buildings, they were making an unmistakable statement: that they are sick of their political leaders and their systems. Is there any country whose leaders don’t sicken their citizens? I’m just wondering. Maybe, there are good leaders still left in a few coun...

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

Death as a Sculptor

Book Discussion An Introductory Note : This is not a book review but a reflection on one of the many themes in The Infatuations , novel by Javier Marias. If you have any intention of reading the novel, please be forewarned that this post contains spoilers. For my review of the book, without spoilers, read an earlier post: The Infatuations (2013). D eath can reshape the reality for the survivors of the departed. For example, a man’s death can entirely alter the lives of his surviving family members: his wife and children, particularly. That sounds like a clichĂ©. Javier Marias’ novel, The Infatuations , shows us that death can alter a lot more; it can reshape meanings, relationships, and even morality of the people affected by the death. Miguel Deverne is killed by an abnormal man right in the beginning of the novel. It seems like an accidental killing. But it isn’t. There are more people than the apparently insane killer involved in the crime and there are motives which are di...

When Cricket Becomes War

Illustration by Copilot Designer Why did India agree to play Pakistan at all if the animosity runs so deep that Indian players could not even extend the customary handshake: a simple ritual that embodies the very essence of sportsmanship? Cricket is not war, in the first place. When a nation turns a game into a war, it does not defeat its rival; it only wages war on its own culture, poisoning its acclaimed greatness. India which claims to be Viswaguru , the world’s Guru, is degenerating itself day after day with mounting hatred against everyone who is not Hindu. How can we forget what India did to a young cricket player named Mohammed Siraj , especially in this context? In the recent test series against England, India achieved an unexpected draw because of Siraj. 1113 balls and 23 wickets. He was instrumental in India’s series-levelling victory in the final Test at the Oval and was declared the Player of the Match. But India did not celebrate him. Instead, it mocked him for his o...

Whose Rama?

Book Review Title: Whose Rama? [Malayalam] Author: T S Syamkumar Publisher: D C Books, Kerala Pages: 352 Rama may be an incarnation of God Vishnu, but is he as noble a man [ Maryada Purushottam ] as he is projected to be by certain sections of Hindus? This is the theme of Dr Syamkumar’s book, written in Malayalam. There is no English translation available yet. Rama is a creation of the Brahmins, asserts the author of this book. The Ramayana upholds the unjust caste system created by Brahmins for their own wellbeing. Everyone else exists for the sake of the Brahmin wellbeing. If the Kshatriyas are given the role of rulers, it is only because the Brahmins need such men to fight and die for them. Valmiki’s Rama too upheld that unjust system merely because that was his Kshatriya-dharma, allotted by the Brahmins. One of the many evils that Valmiki’s Rama perpetrates heartlessly is the killing of Shambuka, a boy who belonged to a low caste but chose to become an ascetic. The...