Open Forum
New Delhi, 1 November 2018
Political Shenanigans
DEFIANCE OF SUPREME COURT
By Proloy Bagchi
What is currently
being witnessed is total defiance of the decisions/orders given by the Supreme
Court. While the apex court takes its own time to examine a matter threadbare
to arrive at the bottom of the problem to look for a solution and then gives its
well considered decision, it is the political class that tries its best to
nullify it.
It does not try to do
so by taking the legal route available to it. Instead, it tries to create
political opposition against it. Rallies and demonstrations, more often than
not violent, are used to neutralise the decisions of the apex court. This is
nothing but high-handedness of political parties which, having failed to
convince the benches of multiple judges of the Supreme Court, decide to carry
through their point of view by sheer mobocracy and its power of muscles and
vocal chords.
The judgment of the
Supreme Court in respect of entry of women in the Sabarimala shrine is a
glaring example in this regard. On 28th September last a five-judge Bench of
the Supreme Court lifted the ban on entry of women of menstrual age in the
shrine. While the Kerala Government refused to file a review petition, the BJP
and Congress parties held rallies and demonstrations against the judgment.
While the judgment trumped the tradition, politics was trying to nullify
rationality.
But then BJP’s far
right is upholder of tradition and is against all kinds of rational thinking in
so far as Hindu religion is concerned. Its fringe elements have gone and even
killed rationalists and, from all evidences, were preparing to kill some more
if they chanced upon an opportunity.
But, the Congress
party’s opposition to the judgment is somewhat inexplicable unless it is viewed
from a political perspective. It seems, BJP got a head start in consolidating
Hindu votes by siding with the conservative Hindu opposition to the judgment.
For Congress to support the Hindu conservatism, though seemingly retrograde,
seemed to be pragmatic, as otherwise BJP would run away with all the Hindu
votes. It was politics at its worst that dictated the Congress action, in the
process, trying to label the Supreme Court as the fall guy.
Strangely, while the
Congress has been blaming the BJP for the murders of rationalists it seems to
be averse to go with the cold logic and reason of the five-judge bench.
Kerala’s LDF government has, however, stood firm in not submitting a review
petition despite severe pressure on it to do so. At the same time, it could not
enforce the Court’s judgment as several women aged between 10 and 50 years were
forcibly prevented from getting to the shrine. The protesters not only stopped
them at the foot of the sacred hill, they were also intimidated and threatened
of bodily harm if they tried to enter. A judgment that was rational at its core
was not allowed to be implemented by politicians.
Another such matter
was recently highlighted when as many as 23 lions of the Gir National Park
died, some of them of infection of Canine Distemper Virus (CDV). Gir of late
had been overpopulated and some of the lions had had to migrate out of the
protected area. Repeated reports were received of lions being sighted even as
far as in coastal Kathawad, for example in Diu.
The population of
lions in Gir seems to have exploded. When the Supreme Court handed down its decision
in 2013, to move some of the Asiatic lions to Kuno Palpur in Madhya Pradesh,
their numbers were around 450. Now some sources say these have crossed the 600
mark. Perhaps that is why they are moving out of the protected area and at some
places are sharing spaces with feral dogs infected with CDV.
With the death of as
many as 11 lions on account of CDV the matter relating to the translocating
some lions to Madhya Pradesh has again gained traction after five years of the
judgment. One cannot deny that in this matter it is the Gujarat Government that
has been the spoilsport The court had clearly stated that it was not a matter
of lions being “members of family” in Gujarat and nor was it a matter of
Gujarat “asmita” (pride), it was pure
and simple a matter of protecting a species that was teetering at the edge of a
precipice. An infection of severe kind that once overtook the African lion
could wipe out the entire population at Gir, hence the order for moving some of
the lions to Kuno Palpur.
This is a strange
case where a State government has been stalling implementation of orders of the
highest court. The proposition for shifting some of the lions to Kuno was made over
two decades ago after which various environmental norms were checked and whatever
was wanting, was provided. The MP government made the Kuno Palpur Sanctuary fit
enough to receive the lions. It shifted people from 24 villages, some of whom
were unhappy with the land that they got in exchange, as it was rocky and dry
unlike what they had in Kuno. Yet, all the troubles of the villagers would seem
to have been for no reason as relocation of the lions never materialised on
account of the intransigence of the Gujarat Government that was headed by
Narendra Modi.
Later the Union Ministry
of Environment and Climate Change soft-pedalled implementation of the Supreme
Court, presumably, under his direction as he later became the Prime Minister.
This case exemplifies how politicians play around with the orders of the apex court
as also the lives of the poor villagers besides having no regard for the future
of a rare species which is at the cusp of extinction. What they are after is
only votes.
There is another
vital matter insofar as our democracy is concerned which was adjudicated upon
by the apex court as far back as 2006 but its decision remains unimplemented. A
petition filed by one Prakash Singh and others had made submissions for Police
reforms as the departments in India were being run as political fiefdoms under
the antiquated law of 1861. The result has been running the Police by
governments at the Centre and in States under a law that was enacted by the
colonial masters and had no element of democratic traditions built into it.
Prakash Singh, one of
the petitioners, had as a former DGP experienced use of the police force for
vested interests of the ruling political class. Whether it is investigations
into crime, transfers and postings of police officers or their appointments
against sensitive posts or even appointments at the very top level of the
Police administration, the political class always keeps its own interests in
view. Law and order would therefore, seem to have been hijacked in favour of
those who happen to be in power.
The much-needed change
needs to be ushered in but it has to be ushered in by the politicians who have
much to lose were they to do so. Hence, despite a lapse of over a decade after
the judgment and a plethora of reports of committees and commissions at the Central
and State levels, the situation remains as it was when the writ petition was
filed.
It is needless to
emphasise that the orders of the Supreme Court need to be viewed with respect
and any consistent disregard of them would make our democracy vulnerable to
oligarchy and the professions of democratic norms in the Constitution will
remain unfulfilled. People have to remain alert and prevent the situation from
crossing the tipping point.---INFA
(Copyright, India
News & Feature Alliance)
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