Political Diary

New Delhi, 17 January 2017

Court Gets It Right

NETAS: HOW DO I GET VOTES?

By Poonam I Kaushish

What is with us Indians? Why are we so blasé’ about secularism or pseudo-secularism? Why do we always believe our polity’s definition of it? Why are we so hypocritical and helpless? Questions which bombard us like staccato gunshots when we talk of caste and creed. 

Not any more. Three cheers for the Supreme Court for upholding the secular ethos of the Indian Constitution by saying that politicians can't use religion, caste, creed or language for seeking votes. In its landmark 4:3 judgment Monday last the Constitution Bench said, “No politician can seek vote in the name of caste, creed, or religion.

“The electoral processes are secular in nature and individual preferences and choices are guaranteed under Article 25 have nothing to do with secular activities such as elections.”  Adding, religion can’t affect the purity of the electoral process as the relationship between man and God is individual choice; and the State is forbidden to interfere in such an activity.

Further, the seven-judge Bench headed by ex-Chief Justice Thakur ruled that if a candidate and their agents etc were found to be seeking votes in the name of religion or caste, it would be considered a corrupt practice under Section 123(3) Representation of People's Act and if found guilty a candidate could be disqualified.

In fact, the Court revisited its 1995 ‘Hindutva’ judgment wherein the question before the three-judge Bench headed by ex-Chief Justice Verma was whether the use of terms such as Hindutva or Hinduism per se would amount to such practice. The Bench had ruled that a mere reference to Hindutva or Hinduism wasn't a corrupt practice, as Hinduism was not a religion but a way of life in India.

True, the pseudo-secular wheel seems to have turned a full circle and with the Apex Court playing party popper it remains to be seen how this judgment affects the forthcoming Assembly polls in five States particularly UP where religion and caste is expected to play a big role in canvassing for votes.

Will it change the way our netagan and Parties do politics? Probably not specially against the backdrop that election after election our leaders carefully craft their strategy according to the right caste and communal combinations to win a State or romp home at the Centre.

Nothing showcases this shameless, ugly and raw exercise for power than the ongoing shenanigans in UP activated by the ruling Samajwadi, BJP, BSP and Congress. All distributing tickets to candidates according to their religion and right castes or sub-caste combinations in keeping with a constituency’s demography. For whoever sits on the State gaddi would be the ‘game-changer’ for the Rajya Sabha’s composition and poll 2019.

Remember, the 2015 Bihar poll wherein both Nitish-Lalu’s Grand Alliance and Modi’s NDA promised more caste quotas if elected in education and jobs, merit be damned! And Andhra’s MIM MLA Owaisi callous two-hour long tirade full of hatred calling the Hindus “impotent” in 2013, “Remove the police for 15 minutes, we 25 crore Muslims will finish off the 100 crore Hindus,”  thereby exposing the pseudo-secularism espoused by various Parties!

And, the UP Minister who promised a reward of Rs 50 lakhs to anyone who beheaded the Danish cartoonist who showed the Prophet in bad light. Why were our secular leaders mum? Recall also, the hullaballoo by the Samajwadi known for its soft corner for the minority community calling the killing of the Indian Mujahideen terrorists in 2008 by a police braveheart as a ‘fake encounter’?

Alas, it failed to evoke strong reactions from various Parties. Succinctly, because the language used was no different from what many netas have said before. Remember, the Hindutva-driven communalism championed by the likes of Bajrang Dal leader Togadia, Lok Sabha MP Adityanath, VHP leaders like Sadhvi Ritambhara, Shiv Sena’s Udhav Thackeray, and his cousin MNS’s Raj et al.

Clearly, we are watching cut-throat communalism at work. Whereby, our netas have made caste and creed the tour de force of Indian politics. Thus, in a milieu of competitive democracy which blots pledges of development, if caste politics ensures convergence of electoral booty and politics based on religion has better chances of polarising voters via vicious speeches inducing raw emotions of hostility and hate, so be it.

Who cares if it is destructive and stokes communal violence and sows the seeds of rabid communalism. And no matter the nation is getting sucked into the vortex of centrifugal bickerings.

Indeed, communal and caste politics would be good if it ensured better quality of life for the members of a particular community. However, it invariably turns into hate politics. This has been India’s experience over the last many decades and the consequence of such politics has been disastrous.

Needless to say, this ping-pong over who is secular, who a communal and casteist is scary. When selfish vote banks politics dictate our polity’s political ideology and their attitude and stance is fashioned according to the electorate’s diktat then all stand tarred by the same brush.

Importantly, no quarter should be given to those who fan hatred among people, castes and communities. Be it a Brahmin, Kshatriya, Jain, Dalit, a Hindu fundamentalist or a Muslim militant. All are destroyers of the State, which has no religious and caste entity. Thus, our moral angst cannot be selective but should be just, honourable and equal.

Secularism cannot be a one-way street. Said Nehru, “The combination of politics and religion, resulting in communal politics, is a most dangerous combination, and must be put an end to”. Alas, Parties and successive Governments have failed to draw a distinction between politics, caste and religion.

Worse, the tragedy of India is that its political class wants the present show to go on. Forgetting that there is no mysticism in the secular character of the State.  The State is neither anti-God nor pro-God. It is expected to treat all religions and people alike. But so caught up are all in their frenzied pursuit of political nirvana through separatism, that they confuse themselves and the voter – and, indeed, history itself. Converting religions gush into political slush!

Where do we go from here? It all depends on whether the Government is willing to get rid of its excess baggage of isms and instead bank on genuine secularism. The Apex Court has shown the way once more. The Election Commission can now fire the gun from its shoulder.

Hence, the time has come to rid Hinduism from the stranglehold of caste prejudices and separate religion from the State else we will become another Iran or Saudi Arabia. Remember, the State is apolitical and has no religion except the Constitution which grants equal rights to everyone.

In the ultimate our petty-power-at-all-cost polity needs to think beyond vote-bank politics and look at the perilous implications of their insidious out-pourings. Realise a nation is primarily a fusion of minds and hearts and secondarily a geographical entity. India is a big country with enough room for all to live in peace and goodwill.

Let us not ignore the grim lessons of history. Or we shall end up condemning ourselves to repeating it. Our polity and aam aadmi need to abide by the Supreme Court’s diktat and answer one question: Are we Indians? --- INFA

(Copyright, India News and Feature Alliance)