Cultural Nationalism vs. Pluralism: The Electoral Challenge and Democratic Principles of Indian Constitution

Cultural Nationalism Vs.
Pluralism :
The Electoral Challenge and Democratic principles of Indian Constitution
By Syed Kamran Razvi
Cultural Nationalism Vs. Pluralism :
The Electoral Challenge and Democratic principles of

Indian Constitution
Synopsis
Enumerating the cultural conflict in the Indian society is the
one which is manifestation of localized cultural and
linguistic assertions. It now has a new dimension added i.e.
the new compulsions of the international and domestic
politics. However behind all the social conflicts there are the
economic compulsions like growing unemployment coupled
by the privatization effects which is further narrowing the
scope of employment for many of the unskilled young men.
This has further reduced margin for the young constituents
of Indian society.
Almost 75%(below 45 years) of the total population
and about 33% are dependents(0-14 years)1. It is like looking
towards the mantra for solutions(Identity crisis and
survival) to perpetration of social miseries. A real
Malthusian demographic puzzle of sorts.2
1
Statistical outline of India 2001-2002, TSLtd.,Mumbai(India),p.35
2
Malthus, “Statistics is the language of the future” .
This paper was presented at IIU, international conference in Aug,2004,at Kaula Lumpur, Malaysia 36/1
In the era of communication blitzkrieg the political-
right and the Hindu fundamentalist parties are taking
advantage of this social cauldron. Gujarat is the point in
making and a possible beginning with many political
setbacks like attempt to coerce preference for Cultural
Nationalism to Cultural pluralism. The attempt by miniscule
minority and its ramification from executive policies to
Judiciary. An analysis is drawn here why this has come of
age now i.e. after more than 55 years of Indian democracy.
Key words: Cultural Nationalism, Gujarat, Hindu Right, Identity-
crisis, Development, Electoral process, Marginal Seats,
Judiciary.
The conflict stage :
Ever since the Hindu rightist BJP got re-elected for
the second term(2002) in the west Indian state of Gujarat,
there has been talk in its Central committee to duplicate the
same for the next Assembly elections in other key states3 and
then in 2004 the General elections4. The highly competitive
3
Narendra Modi was the star campaigner, the incumbent Gujarat Chief Minister blamed for riots. Indeed
now these states have the BJP government routing Congress government in three key states of the Hindi
heartland. In MP, the State is celebrating the old Hindu traditions by using public funds or State funds .A
practice shunned by tradition for secular credentials of the State in conformity with Basic structure of
Indian Constitution.
4
Then Incumbent law Minister Arun Jaitley quoted in The Economic Times “Emotive issues touch the
common voter more easily than development issues…., it will be ten more years…” April, 2004. This was
Indian election scenario has been cited as one reason. The
‘first past post’ rule has been having dramatic effects. So the
opposition and the ruling may not have great variation in
terms of the votes polled and gained difference, yet the
number of seats won respectively may carry huge difference
Like the recently concluded Dec.12, 2002 State Assembly
elections, the BJP and Congress vote share difference was
just 4-5% yet the number of seats which the BJP won was
almost double the number of seats getting more than 55%
gaining majority in the State legislaturei
Cultural Nationalism in its second phase :
To turn the political fortunes of the political Hindu right
from the mere two member of Parliament presence in
year1984 to the 1989 success of crossing 100 seats mark and
supporting the V.P. Singh government in 1989 a left of
Centre coalition at the Centre. The pinnacle came as the
Babri Mosque was demolished despite Supreme Court
orders to protect the disputed structure.ii To witness the
demolition or pulling down of the structure were the
during the General elections, 2004.
prominent leaders of the BJP and other Hindu right coalition
or umbrella coalition. Most of them became the incumbent
Central Ministers (1999-May 2004).iii
It is different that the vote share in the General
Elections has hardly increased for the Right of centre in
Indian electoral scenario. Thus on grounds of religious
affinity the BJP and other far Hindu right are still only few
marginal seats better to Indian secular political
parties(leftists or Centrists.)
Equally interesting to note the Hindu Right in 1989
capitalizing the Anti-Reservation sentiments prevailing then
. This was following implementation of the Central policy on
Job reservation, exploited the youth in this direction to quell
the identity crisisiv.
The process is not completely unrelated to the
Sanskritization or Brahmanization or Shuddhi5 in early 50s. This
was part of Hindu revivalism sans casteism per se. However
this movement has finally got diluted to the vagaries of
Casteism.
5
Movement led by Hindu scholars and reformers from Vedic society, aiming to induct Muslims, casteless
Indians as part of Hindu varna or society at large. Some of them like Jains, Bodhs and Sikhs, Parsis are
today governed by Hindu Family Laws. Despite they being founded on opposition to the Varna(caste)
system.
Indeed the Judgement6 passed by Supreme Court of
India on reservation has since been the election issue for
Hindu Right. This was based on an obscure report and
innocuous notification like many of the commissions in
India was established to study and recommend the cause
and removal of malaise. It was Mandal commission making
recommendations for empowerment of the low caste Hindus
through set of reservations in employment(essentially in
public sector), education.v
In 1989 the unemployment and Hidden
unemployment was growing to almost 15 % which has
remained stagnant. This could be because India is an
informal economy.vi Coupled with the freeze in government
jobs. This freeze has remain steady if not drastic, irrespective
of the political party ruling at the Centre.7vii
Political Leadership and fallout since first National Opposition
led Alliance in 1979:
6
Indira Sahni Vs. UOI,
7
According to the new directive by the Union Ministry of Finance , there is some percentage relation of
population to the number of Ministers in Cabinet for both the State and the Centre. Parliament passed an
enactment in 2003 called The Fiscal Responsibility and Budget Management Act.
This proved a perfect setting for the electoral
demagogues. The political consternation saw the decline of
Congress’s and other Centrist parties. The electoral downfall
became imminent with the death of lineage or dynasty
demise following the assassination of Rajiv Gandhi (former
prime minister) by an LTTE suicide bomber while
addressing a rally. 1989 subsequently emerged the cut-off
point for the National opposition once again. This coalition
did not last an year. However, the next Congress
government was (1990-95) the minority Narsimha Rao
government saw many more missives on economic plank.
Gerontocracy has been a political culture and plank.
Most of the Prime Ministers India have been more than 65
years of age in past decade8. All subscribing to left of Centre
or nationalist ideology throughout their political career.
Suddenly in 1993, there was dismantling of what Indian
polity stood for since 42nd amendment (1976-Nationalization
of goods and services)viii. This gradually increased the
economic gap in the poor and poorer. It is not rich and poor.
8
Around 7% of the total population on age distribution; Statistical outline of India 2001-2002,
TSLtd.,Mumbai(India),p.35
IT is these people suffering form left-out syndrome, with no
proper benefits of privatization and structural adjustment
accruing to them. They provide germane condition for birth
of false pride and identity tag of Hindutva.9
Jana Sangh and 1977-79:
There is now a debate of constitutional review on
number of issues. One is to consider what is unique this time
which was not so on previous occasion for the same party
(Hindu Right).
1977-79 was the first National opposition coalition
government at the Centre, constituting mainly the dissident
Congress members and the left and the extreme Right Jana
Sanghix as the Hindu Right was then called. The Hindu Right
even then had occasion and every authority to strike off
word ‘secular’ from the preamble, just as it reversed many of
the strong repercussions of the 42nd amendment to the
Indian constitution. However like all political movement
they too waited for the ‘opportune time’ (translate as mass

9
There is talk of soft hindutva, but my opinion is that is farce. It means pleasing of all those old and
conservative Hindu structure which only supports Varna system. Moreso it embroils mix of polity and
religion. Its essential uniting factor is not just Hindu revivalism but dilution of Religious Minority rights.
Complete dilution of Minority safeguards on education, institutions, personal laws, worship places , so
provide in the Indian constitution, as fundamental rights in Part III of the same.
movement /electoral gains) it came with the Privatization
decade later.10
Mix of Socio-Economic factors and Pluralism:
The year 1992 has two watersheds, Structural Reforms under
the aegis of Dr. Manmohan Singh, the then Finance Minister
and the demolition of the Babri Mosque on Dec.6, 1992.
Media played the “Right” tunes, as the barons were to be hit
industrially speaking with the true competition and open
market in the offing now.
The whole of India was in flames claiming about
more than 7000 thousand lives according to the independent
estimates. The official count put the All India toll to 3500
lives. As if the less of numbers would change the magnitude
and gravity of the situation. More so, it was the planned
attacks and murders of the Muslims which was
unprecedented on two accounts. One, the houses or other
complexes belonging to Muslims were marked by yellow ink
10
The launching pad for such electoral thinking has been added appeal to, by spate of anti-conversion bills.
Although these state legislations are now prodded to be part of central legislation in case the Hindu-right
alliance comes to power at centre in June 2004, when the results will be declared for the General elections
2004.
and the Mahaartix in Bombay. This was a piquant reminder
of the Anti-Sikh riots (1984) where mobs indulged in
unprecedented frenzy even if it was not so organized,
though there was little to suggest spontaneity. The police
(read Administration) failed miserably in both cases. It was
like playing Rwanda or Sierra lonne on the Indian Streets.
Aligarh Muslim University which served as the beacon for
the educated and think-tank was the focus of target this time
as wellxi.
A brazen attempt to set the political agenda for
electoral gains. The rule at the Centre.
Contributing International Factors :
The Gulf War in 1990-91 and the increasing Israeli
domination in the area with surging turmoil in ‘Kashmir
Valley’ and ‘Mujahideen versus Taliban’ in Afghanistan has
since helped fuel the fear of the ‘Islamization’ of India and
issue of demographic relocation. Some 9/11 factor has been
also played by communal parties namely Hindu Right and
fundamentalists.
The Israelis became very close to the political Hindu
Right which has lapped them Defence contracts worth $300-
400 million annually and directly as the diplomatic ties were
established to the full fledged status by the last Central
government. Not to overlook that the Indian intelligence
which has long association with Israel now spanning more
than three decades.
Domestically, the Hindu migrants ( there are Muslim
migrants also) from Kashmir to Delhi and Jammu since 1989
was the rallying point to its old ideological clash with the
sole Muslim majority state in India with a Hindu minority
population.
The Hindu Right professes ideology: “India that is
Bharat is a Hindu State for all practical purposes”. This has
given birth to many international outfits which drew funds
and many retired industrialists, bureaucrats, generals as
their think-tank. Many of these men were either soul-
searching or looking for their own identity.
Cultural Nationalism at Indian Independence:
As Ficht describes : “Cultural nationalism was
ultimately dependent on Will”. This is described as
“Pedagogical effort”xii
The internal religious quest is more than a experiment
which Gandhixiii carried out with his daily morning prayers.
The RSS which is the main ideologue of the Sanskritization
of masses and shuddhixiv of the Muslims, Christian, Jews
and Parsis (of Indian origin) wants more and more narrow
expression which they can call India or Bharat as “Hindu
Rashtra (nation)”
However this is also an attempt to rewrite both
history and polity in this thrust.
Nehru government in 1950-55 decided to codify the
Hindu personal laws as the other communities had theirs.
Thus making the Hindu Laws and customs amenable to the
Jurisdiction of Courts of Law. This drew reaction from the
rightist Hindu movement and the conservative fold in Uttar
Pradesh which was fast converting into Hindi Heartland (a
linguistic movement solemnized under the Official
Language Act) reacted sharplyxv. This state (province) alone
provided for the largest numbers of Members of Parliament
and it still does despite its reorganization some three years
ago.
The Hindu right lost the political and academic battle
then. The political front was left of centre, largely single
party dominated. The academics was completely dominated
by the left and the radical left.
Indeed, A.B.Vajpayee government on number of
occasions attempted brinkmanship and made appointments
to many Academic, literary and cultural organizations. In
India these are supported by State by grants and “generous”
State funds.
However there media policy is not so conservative,
there is complete demolition of Indian cultural values. This
schism can be attributed to younger generation of Hindu
Right leaders, who hold such ministries with independent
charge.
Interpreting Constitutional provisions during (internal) Emergency
Eraxvi:
Even if the word ‘secular’ was added to the preamble
of the Indian Constitution only in year 1976. The Indian
constitution is lot more specific in the Part III which are
fundamental principles and the Directive principles of the
State policy. The latter being non- justiciable.
Article 25 to 28 of the Indian Constitution when
formed, deals with the religious freedom and respect for
each. At the same time it denounces any discrimination
intra-sect based on any social welfare and distinction based
on caste, creed. It further empowers State to enact such Laws
which moves the Indian republic towards Social Justice and
Equality. Thus Indian secularism is based on mutual
tolerance and state intervention.
One of the provision in the Directive principles of the
State policy being Article 44 “ The State shall endeavour to
secure for the citizens a uniform civil code throughout the
territory of India.”
The Hindu Rightists Parties have targeted this
provision to act as bate for the Muslims stance on the
personal laws. Although this issue has not been raked by the
Hindu Rightists Political outfits as the same is equally
despised by the Brahmins and the “Sadhu samaj”xvii
Thus it is obvious, that the Hindu Right prefers to
interpret and use constitution of India in consonance with its
ideology.
Cultural Police and dogmatic Ideas:
According to various studies conducted in recent
years the Gender equation has been falling at an alarming
rate and so much so that Government has to bring in Act to
ban female infanticide and Ante-natal tests or sex-
determination tests as they are commonly known.xviii
This is attributed to the female infanticide and forced
and illegal abortions on gender determination or euthanasia.
This social vice if not been vindicated but is now a
great barrier to social organizations and social projects
undertaken by the Central and State governments. This is
regressive, in Human Development Indices. An issue which
was well recognized as social problem and even crime is
now given garb of religion by vested interests.
Yet the Hindu Rightists have been sustaining their
argument on glorious past prior to advent of Islam in India,
thus host of these organizations have provided
encouragement and revival to these age-old social vices
including building of temples for the Satixix.
The women organizations have been fighting this
attitude to their growing frustration and anger. During the
BJP regime in the State of Rajasthan the number of Temples
dedicated to the SATI has increased many folds. This
otherwise was a dying cult amongst the Hindus.
Ironically, the Congress party has been part of this
encouragement. Today there is even difficulty in analyzing
the political dilution of Congress ideology on communal
harmony. The only possible explanation lies in the view
point that the Congress Party constituents form left, centre
and right. It is certainly not astonishing to find the
disgruntled Congress men in ‘Political Right’ Camps.
Anti Pluralism , Marginal Seats and Muslims:
The political parties subscribing centrist or left of center
views in their election manifesto tend to loose parliamentary
and political majority. The Rightist Hindu parties to their
gain and through their regional partners have formed
electoral alliances and even made seat sharing and electoral
arrangements with the regional political parties. Many of
these alliance partners are not having very strong cadre
presence.
Like a more personality or individual oriented like
the BSP(Bahujan Samaj Party) which was running till
recently the government in the State of Uttar Pradesh with
the support of Rightist Hindu BJP. The infamous exit of the
alliance is already being described as the lowest ebb in
political alliances. There was talk of snap poll in less than
eight months of concluded Assembly polls. Yet the Central
Alliance failed to bring the Samajvadi Party-Congress
support(in Uttar Pradesh).
Uttar Pradesh being essentially agrarian and very
conservative and sharply divided on caste. The Muslims
here are the important factor i.e. swing votes and on the
marginal seats. At the other seats in Western and Central
Uttar Pradesh, they dominate the electorate. Muslims have
developed the tendency to vote en bloc and their turn out is
heavy. In past few years their turn out has been getting low
with their votes split in two to three political parties since
1992. The trend is not unique to Muslim electorate but to
many others Castes amongst Hindus as well. Many social
organizations have now registered as political parties. Today
they are important in forming ruling coalitions and electoral
adjustments.
However which ever party the Muslims have
supported or turned to has coalesced with the Rightist
fundamentalist party or has neglected them after the
electoral gains in the State.
Now the Muslim electorate known for its two
qualities voting enbloc and in large numbers, has abandoned
the latter. The multiple choice has only proved to their
political detriment. Thus adding to the political fortunes o
the Rightist Hindu fundamentalist agenda.
The voter turn out in most constituencies having large
Muslim electorate was around 40% in the Assembly
elections earlier in March-2002.xx However in Gujarat it was
different the turn out was as high as 60% in mixed populace
but it was low in areas of Kucth where the Muslims form
more than 40% of the total population. This state of limbo
has persisted amongst Muslim electorate since the beginning
of the demolition of the Babri-Mosque in Ajodhya(1992).
Somnath situated in Gujarat was the starting point in such
communal politics after the year of independence(1947).
Amazingly, though the communal riots in the country has
seen sharp decline since December 6, 1992 (Babri-Mosque
demolition). In fact all the Rath Yatras and the Guarav yatras
have started from this point so this became the rallying point
and plank for the electoral purposes. As if this was BJPs
(then Jana Sanghas’) Sabarmatixxi and political mantra.
The disturbing trend of low turn out in Muslim
electorate saw small revival in the General elections, 2004.
This has benefited the centrist parties. Notwithstanding that
some of the Muslim religious leaders have also appealed to
vote in favour of Hindu Right. The confusion and
bankruptcy of leadership is reflected well in the state of
Muslims in India.
CULTURAL CONFLICT INTRA-IDENTITY CRISIS, Nationalism:
A typical opening to the book, lecture or even speech
by Rightist Hindu school author or speech-writer would be a
complete distortion of History: “After one thousand years
India became independent”.
It has been often repeated and asserted that the
Indians (ness) have lost the self-respect or self-esteem during
the British colonial regime which was based on Mercantile
Imperialism.
So Indian National Congress was no exception to
recognition of nation-building slogans and approach. They
also thought religion was the starting point. The germane
conditions of electoral democracy were sadly missing. India
being strongly divided on social(Caste) lines. Poverty acted
gibberellin in the social and historical perspective. Here was
M.K.Gandhi’s (a Gujarati) success against the British and the
Indian National Congress reaching the distant and poorest
of the Indian populace.
In Feb.1948, on Junagadh referendum joining with
Indian Republic, Sardar Vallabh Bhai Patel the then
Congress Home Minister and a Gujarati announced that the
Somnath temple would be rebuilt and restored to its glory of
yesteryears as the same was before the Mehmood of
Ghaznavi ( who raided the temple of its wealth and glamour
and defaced the idols)xxii.
Later in the year 1949 idol of Ram was installed in the
precincts of the Mosque (Babri).xxiii This stood long and
culminated in its demolition in 1992. These two instances
were the attempt to rewrite and revisit India’s past. All, to
add and restore glory to India’s distant past. The other was
for ‘Hindutva’. Recently there is division of more qualifying
statements ‘Soft’ and (Hard) Hindutva.
“The core ideologue RSS (Based in Nagpur, Central
India) depends on symbolic integration and on high degree
of objectified and ritualized beliefs” . “Each person in the
RSS heirarchy is replaceable”.xxiv This organization own its
origin to a Maharashtrian Called Hedgewar .The region of
Central Indian and Marathwada were the focal point of
Indian political and social resistance during the colonial rule.
This organization was started as social organization based
on religion affiliation. Its collaboration with the Indian
National Congress came in form of its volunteers (Swayam
Sevaks) joining the civil disobedience movement.
This marriage of comfort ended with the fall of the
national government (1947-1950) and death of RSS
participant face Shyama Prasad Mukherjee in a Kashmir Jail
under detention. Is detention came as he forced his entry
into the State of Jammu and Kashmir despite the ban.xxv
The Hindu Fundamentalist parties have been
desperate to prove that they are politically right. Further that
they are equally eligible to run the affairs of the country. A
few illustrations are reproduced below justifying the means
to Power the plan to target largest religious minority and
others.
“Every conqueror from outside tries to
establish symbols which will remind the people who is the
master and who the slave. At the time of the first Russian
occupation of Poland (1614-1915), the Czars built a cathedral
for the Eastern Orthodox Church in an avowedly Roman
Catholic country. In 1918, after the country became free, the
Poles pulled down this structure, because the purpose for
which the Russians had built it had been not religious but
political, and the purpose had also been intentionally
offensive.
Even though the cathedral was to offer prayers to
Jesus Christ, a free Poland could not tolerate monuments of
slavery in their land. In this way it is ensured that true
nationalism has its rightful place in the remaking of the
nation.”xxvi
Further the Judicial pronouncements have been read
in a very dramatic prose and quoted out of context without
fear for constitutional implications and contempt.
Going by the judicial precedents, Justice Verma's xxvii
Bench has rightly observed: "These Constitution Bench
decisions, after a detailed discussion, indicate that no precise
meaning can be ascribed to the terms 'Hindu', 'Hindutva'
and 'Hinduism'; and no meaning in the abstract can confine
it to the narrow limits of religion alone, excluding the
content of Indian culture and heritage. It is difficult to
appreciate how in the face of these decisions, the term
'Hindutva' or 'Hinduism' per se, in the abstract, can be
assumed to mean and be equated with narrow
fundamentalist Hindu religious bigotry, or be construed to
fall within the prohibition in subsections (3) and/or (3A) of
section 12311 of the Representation of the People Act.
In conclusion, the Bench reiterates: "It is a fallacy and
an error of law to proceed on the assumption that any
reference to Hindutva or Hinduism in a speech makes it
automatically a speech based on Hindu religion as opposed
to other religions or that the use of the word Hindutva or
Hinduism per se depicts an attitude hostile to all persons
practicing any religion other than the Hindu religion... and it
may well be that these words are used in a speech to
emphasize the way of life of the Indian people and the
Indian cultural ethos...There is no such presumption
permissible in law contrary to the several Constitution Bench
decisions."xxviii
After its freedom from the unfortunate slavery of one
thousand years Hindu nation as a result of its continuous
struggle and unmatchable sacrifices should
have got political, religious and cultural freedom in its
motherland, Bharat.xxix
11
Part VII of the Representation of Peoples Act,1951 lists the corrupt practices for the purposes of the Act.
Another interesting aspect of this movement is that
Hindu fundamentalist parties have created many more
states than an average by the Indian National Congress in its
four decades, of nearly consistent rule at the Center. In past
three years they have hastened to create three states out of
the old states in order to gain fancy of electorate and
polarize voters on more regional and social lines read tribals
in this case. This is quite contrary and unique to their clarion
call of unity or “Akhand Bharat”12. Thus it is obvious that
the Constitution of India and the architects of the same do
not find any appreciation with the Hindu fundamentalist
parties.
Jammu and Kashmir, Article 370 of the Constitution and Hindu
Right:
“It is not for division of the state. It is for re-
organization. Many years ago Punjab State was re-organized
to carve out the States of Punjab, Haryana and Himachal
Pradesh. Today, the Punjabis, Himachalis and Haryanavis,
all live as complete Indians with mutual amity. It is on the

12
“One India” in contrast to ‘Unity in Diversity’ , Discovery of India, J.N.Nehru,Delhi,1945.
same pattern that Dogras, Gurjars, Kashmiris and Ladakhis
will also live. Basis for this re-organisation is geographical
and natural. Another point in the resolution This Resolution
is the best way to abolish the divisive article 370, separate
citizenship for State Subjects, separate flag, and separate
constitution for J & K. It is also the best way to stop lacs13 of
Pakistanis from settling in J&K through the Resettlement
Act.”xxx
However, what is not specified is that none of these
states have such polarization of the electorate on communal
lines as this proposed division.
Professing Dogmatism:
“Religion has played an important part in supplying
some essential needs of human nature. But that type of
religion has weakened its hold and is unable to meet the
onslaught of science and rationalism .Whether religion is
necessary or not , a certain faith in a worthwhile ideal is
essential to give sustenance to our lives and to hold us
13
Lac is One hundred thousand or 0.1 Million.
together. We have to have a sense of purpose beyond the
material and physical demands of our daily lives.”14
The growing popularity of this Cultural Nationalism
has been allowing the growth of the repressive elements
within Hindu society. The fringe elements are gaining center
gradually. A point in the making is the illustration below:
“HC disallows holding of fair in Rani Sati Temple
Press Trust of India Jaipur, September 2002. The Rajasthan
High Court on Wednesday disallowed holding of any fair at
famous Rani Sati Temple in Jhunjhunu during the annual
function this week but allowed prayer at the shrine.
Justice K S Rathore also ordered that no glorification of 'Sati'
shall be done during the function. The Temple Trust had
approached the High Court after the state government
refused to keep the over-a-century-old temple outside the
purview of the Anti-Sati Act and allow holding of the annual
fair, stopped after the Deorala Sati incident in 1987.
The Court gave similar directions as given by the
Supreme Court in its interim order in 1987 which disallowed
offering of 'chundari' at the deity. It also ordered

14
India Today and Tomorrow lecture by Jawahar Lal Nehru, Lecture series Maulana Azad Lectures,
ICCR,Delhi ,Third impression,1960.
that all annual ceremonies should be held inside the temple
premises only.
On the lines of the apex court order, the High
Court also held that there should be no restrictions on the
movement of people.xxxi
The background of series of events is historically explained
as under:
Rajasthan, which is a home of over one-hundred sati
temples. One of these, the Rani Sati temple in Jhunjhunu,
annually attracts 300,000 (Three hundred thousand) people
to three days of ceremonies in honor of Rani Sati Narayani
Devi, a women who died in 1295 upon the funeral pyre of
her husband, Tandhan Das.xxxii
Another indicator, in contemporary reference being
the rise in the attacks on the Scheduled Caste (non-caste
people) particularly women. This is the usual old mode of
humiliation and psychological war to prevent rights
accruing to the weaker and oppressed.15 This elaborates that
there is a kind of social reversal despite the most stringent
Laws.
Analysis of Trends from Gujarat: A precursor to the Assembly
polls 2002 and General Elections 2004:
The Hindu fundamentalist umbrella organizations
won the majority in the year 2002 Assembly polls. Its implication is
not to be found in the thousands of deaths, targeting victims in
organized fashion, systematic creation of fear, destroying religious
identity of Muslims and others who are not Hindu according to
their classification. Indeed there is an analogy which can be
inferred, it is the aim to legitimize the claim of the Hindu Right to
govern India. Since India is a republic and working democracy, the
path is electoral politics.
Populism works wonders in electoral democracy, the Hindu
Right wishes to pick the tune of Right extreme of center i.e.
swadeshixxxiii . It gains significance as ‘socialism’ is rendered obsolete
by structural changes in Indian economy. This is aimed to ascend
the route to majority in Parliament.
15
There is a special enactment on Prevention of Atrocities (SC and ST) Act, 1989. This has no provision for
anticipatory Bail. The Judge and special procedure are prescribed. It is one of the most stringent Law
passed. This is complimentary to Protection of Human Rights Act,1993 and National Commissions
Act,1992.
A political attempt is being made by the Hindu Right in
order to address the social fragmentation amongst the Hindus in
India. Thus, by giving credence to socio-economic policies which
appeal to the masses by using a subterfuge of “Hydra-headed
glorious past”. The large number of marginal seats can swing the
favours, if there is a wave. In Indian electoral politics for past
decade the vote percentage has been very slim between number
one and number two party staking its right to power in Parliament.
More recently, it has become the source of regular conflict
between Judiciary and Executive. In what has come to be symbolic
of Constitutional superiority Vs. Hindu Right.
IN what has come to be known as Best Bakery Case (as
petitioned by NHRC), the order of fresh retrial of those acquitted
and in a different state (Maharashtra) by Supreme Court is
unprecedented in Indian Constitutional history and Case law.
There cannot be more disdainful moment when Executive
and Judiciary has to come to logger heads to preserve the same
constitutional values which grants sanction for their existence and
holding of privileges.16 It is striking after the courts have acted with
16
IN re : Aslam Bhure case : This is in contrast to its One day imprisonment in Contempt Petition to UP
Chief Minister Kalyan Singh who has undertaken the safety of Babri- mosque, during the prayers at the site
on dec.6,1992. Please see the endnote (ii) also.
great restraint in 1995-96, the apex court returned the Presidential
reference under Article 143;( Powers of President to consult
Supreme court of India) on Babri Masjid-Ram Janambhumi dispute.
Although even after 50 years today, numerous cases are pending in
various civil and criminal courts. The dispute range from title to
ownership and so on. This was more to maintain the doctrine of
separation of powers in Indian constitution.xxxiv
“On Communal Riots there have been at least ten
Commission of Inquiries since 1960. Each has recommended set of
reforms in police and “police powers” of the State. How to be
sensitive to the minorities. None of the recommendations have
been implemented till date. NO Law has been enacted, specifically
to deal with the (Anti-minority) administrative vice….”17
CONCLUSION:
Thus, it is the cultural pluralism which as norm when
challenged shall provide legitimacy to the Hindu right to gain the
majority rule in the parliament. The BJP led (1999-2004) Central
government was a large coalition. It had little to do with the far
17
Extract from Author’s paper titled “ Protection of Human Rights Act,1993 : The progress and
implementation, A critical analysis of executive and judicial success in India” presented at Seattle
University School of Law,Feb,2004 NSALSA conference.
right Hindu ideologues and ideology of cultural nationalism. The
prescription for religious minorities may not be immediate threat,
however growing identity crisis for average Indian offers germane
conditions for repetition of Gujarat carnage 28th Feb,2002, lasting
over a month.
Although institutionally speaking Supreme Court of India is
in confrontation with the Executive at New Delhi on the same issue
in a petition by NHRC(National Human Rights Commission under
the Protection of Human Rights Act,1993)xxxv. It has already given
its verdict and dissatisfaction with State of Gujarat. There was a
Ramon Magsaysay Award winner for 2003 , J.M.Lygdoh India’s
Chief Election Commissioner for his role in Gujarat Assembly
elections, 2002 for making it impartial.18
The Electoral demagoguery is still at large, for the electoral
gains and stakes are too big to sacrifice. Thus this cultural
nationalism is also an election vice.
------------------------------------------------------
Syed Kamran Razvi
18
Election Commission of India ordered for the registration of FIR on violation of code of conduct and
electoral malpractice against BJP leaders in Lucknow, when some 30 odd women died in stampede in the
BJP election rally (April,2004). They died for saris worth not more than Rs.forty each(less than 1USD.
They also paid an entrance fee to the rally of Rs.20(each)(less than 50UScents) Then incumbent AB
Vajpayee, Prime Minister being the candidate from that parliamentary constituency. During the period the
electoral process is complete, the Election Commission of India is incharge of the administration. It literally
runs the country. Election Commission of India is a constitutional body.
Flat No.7, 137B/12, Zakir Nagar,

New Delhi-110 025.(India)
Tel: 91-98100078799 ® 91-11-32355151
e-mail : zehnejadid@vsnl.com
i
The Times of India, Dec.16,2002
Supreme Court punished then incumbent UP Chief Minister Kalyan Singh for just one day
ii
imprisonment and Rs.2000 (less tan $50USD)as token punishment in the contempt proceedings.(Mohd.
Aslam @Bhure Vs.Union of India AIR 1995 SC 548) He has since fallen out of favour with BJP
Hqrs.and now runs a rival political party
Supreme Court of India recently ordered the fresh charge-sheet be filed against the party leaders
iii
including the incumbent Union Home Minister and HRD Minister and other junior ministers. By this
order the notice was quashed withdrawing the criminal cases by the BJP-led State government in the
State of Uttar Pradesh. same series in 2001-2
iv
Supreme Court of India gave the verdict on Job reservation and quota for the non-caste Hindus
(apporx.160 million-HRW report,1999 Washington). Then in 1989 the student agitation was led by the
same Hindu right coalition in the universities and the streets through out India.
v
The judgement delivered on Mandal Commission has been modified that where the highly technical
qualifications are essential to appointment, the reservation shall not come into play.
60% of GDP & Saving-Informal sector, 83%employment and 68% of income contribution , 1999
vi
NCAER, New Delhi
The statement of objective to the Act reads as :

vii
“ An Act to provide for thr responsibility of the Central Government to ensure inter-generational
equity in fiscal management and long-term macro-economic stability by achieving sufficient revenue
surplus and removing fiscal impediments in the effective conduct of monetary policy and prudential
debt management consistent with fiscal sustainability through limits on the central government
borrowings, debt and deficits, greater transparency in fiscal; operations of the central government and
conducting fiscal policy in a medium term framework and for matters connected therewith or incidental
thereto.
Adding ‘socialist’ and ‘secular’ to the description of Indian Republic leading to the Nationalisation
viii
Act and booting out of MNCs. Days of crisis management could not yield anything after Indian
pledging of its gold to sustain its forex reserves (WDR1995,WB). Chandra Shekhar Government a
minority government with the support of the Congress party, this had as many ministers as many MPs
(about sixty in all it had.)
This party was founded by Shyama Prasada Mukherjee ,a member of the national government in
ix
1950.
x
Every morning the group of young Hindus would go around the localities which had mixed
population. Then they would visit the muslim houses indulge in vandal acts and even killing. They
were well briefed about the populace. Extensive surveys have been conducted. It was a fascist reliving:
J.Srikrishna Commission report(1992-96). However on the ATR by government of State of
Maharashtra(1996), as the new Hindu Right coalition was in power, it denounced the major
recommendations. Incidentally the chief of Shiv Sena (local Hindu Right Party) Bal Thackeray was
confirmed of electoral malpractices by Bombay High Court, and consequently was stripped of voting
right for six years ending now in 2004.
xi
As the students scrambled to go home, the PAC(Police Armed Constabulary) of Uttar Pradesh (most
populous and largest numbers of seats to Parliament) which is notorious for anti-Muslim sentiments
and highly politicized State force opened fire at the Railway Station. One of the survivor was close
friend of mine who lived the day because the rusted carbine of a constables jammed. So they could
only fire the single shots from the enfield.303.
“ The Saffron Man-Democracy & Hindu Nationalism in Modern India” by Thomas Blom Hansen,
xii
OUP,1998 edn. (Introduction)
He was assassinated by one N.R.Godse who was a member of Hindu Mahasabha on 30th
xiii
January1948. The group and the individual is still important figure for the Right Hindu coalition.
This is the movement which started in the mid-19th century mainly from Calcutta under the theme of
xiv
Arya Samaj. It was a kind of reform movement against the Brahmin order and hierarchy which stood in
way of many reforms. Modern India, Bipin Candra, NCERT,1984.
xv
This was the linguistic movement which focussed on removing Urdu as State language led by
followers of Pt.M.M.Malviya(founder of BHU, Varanasi) i.e Purshottam Das Tandon, etc. There was
tacit approval from the Congress Party to curb linguistic militant movements in rest of India mainly
Southern India following the passage of official language Bill,17th Nov.1964
During the Indian National Congress regime in 1976-77, Emergency was imposed in India. Thie
xvi
entailed postponement of elections for few years time. It finally led to first National Opposition
Coalition at the Centre on the disqualification of the election of then Prime Minister late Indira Gandhi
by the Allahabad High Court. In India the Petition challenging election of a candidate is triable by the
High Court under the Part V of the Representation of People’s Act, 1951 and Art.329 clause(b) of
Indian Constitution.
The Hindu saints and ascetic sects who converge and thrive through out the Ganga plains. It is the
xvii
Pundits of the Varanasi (Benaras) who hold the nomenclature power and keep the records of the lineage
of all Hindus in India, according to the Villages they originate or live in. Human sacrifice by non-caste
Hindus was replaced by animal sacrifice soon after Independence.
The law now requires the Ultrasound clinics to be registered and impose a heavy penalty and Bail is
xviii
discouraged by the Act itself. In state of Punjab and Rajasthan sex ratio is alarming compared to
national average which is 850:1000. As incentive for the girl child the couple are provided by Social
department of Haryana Rs.500.00(15USD) for the first child in case it is female child.
Burning live of the widow on the funeral pyre of her husband. The practice was banned by law as
xix
back as 1856 by the British Colonial masters. In past few years the incidence has risen mostly as
unreported and non-prosecution
xx
India Today weekly, March 2002.
xxi
Xvii The place of the second civil disobedience in 1930 from where Gandhi started the movement
against the British Colonial regime.
xxii
A ruler from Ghaznavi in Trans-Oxia, in early 12th Century used to raid the Indian territory in West and North West, after
the Arab rulers collapsed in Sindh province and other areas what is now Pakistan. “The Foundation of Muslim Rule in
India” by ABM Habibullah, Central Book Depot Allahabad India,1976,P.4
xxiii
“Sardar Patel and Indian Muslims” by Dr.Rafiq Zakaria. BVB,Mumbai,1996.p.79 and 86
“The Saffron man-Democarcy & Hindu Nationalism in Modern India” by Thomas Blom Hansen,
xxiv
OUP,1998 edn.
xxv
Dr.Karan Singh ,Autobiography(1931-1967),OUP,Delhi,1989p.155.
xxvi
http://www.bjp.org/history/rjb-3.html site visited on 29.12.2002
xxvii
Justice J.S.Verma, then Chairman NHRC ,India was criticised by all Hindu fundamentalist party heads, chiefs, their
spokesmen for speaking against the Gujarat government and genocide for riots resulting inMarch,2002 after the state wide
called by the ruling BJP government. Even his actions were challenged by PIL in Gujarat High Court which was
subsequently dismissed by the Supreme Court of India on appeal.
xxviii
http://www.bjp.org/history/htv-jag.html site visited on 30.12.2002
xxix
http://www.vhp.org/englishsite/f.Hindu_Agenda/HinduAgenda_E.htm 29.12.2002 site visited
xxx
http://www.rss.org/jtfp.htm 20.07.2003 site visited
xxxi
http://www.hindustantimes.com/2002/Sep/04/181_58826,000900010008.htm (quoting PTI(offical news agency)
(29/12/2002 visited the site)
xxxii
http://www.hinduismtoday.com/1988/12/1988-12-09.html 29.4.2004 site visited
xxxiii
Swadeshi: (Hist.) Movement in Indian, originating in Bengal, advocating the production of Home-manufactured, and
then boycott of foreign goods. The Concise Oxford Dictionary, Edn.1992.
xxxiv
Article 50 of Constitution of India provides as :
“The state shall take steps to separate the judiciary from the executive in the public services of the
State”. The constitution also provides for Parliamentary prerogatives and privileges and that of the
Executive as well.
Article 143 of Constitution of India reads as under :
“Power of President to consult Supreme Court --- (1) If at any time it appears to the President that a
question of law or facts has arisen or is likely to arise, which is of such nature and of such public
importance that it is expedient to obtain the opinion of the Supreme Court upon it. He may refer the
question to that Court for consideration and the Court may, after such hearing as it thinks fit, report to
the President its opinion thereon.
(2) The President may, notwithstanding anything in the proviso to Art.131, refer a dispute of the
kind mentioned in the {said proviso} to the Supreme Court fro opinion ad the Supreme Court shall,
after such hearing as it thinks fit, report to the President its opinion thereon.”
In re : Jamia Lawyers Alumni & Ors. Vs UOI and Ors., CW … of 2004 , the issue of establishment
xxxv
of Human Rights courts in every Judicial district and compensation policy on fixed indices is
prayed(under Protection of Human Rights Act,1993). It is pending before Supreme Court of India. The
apex court can also pronounce Law under Article 141 of the Constitution of India till it is suitably
replaced by enactment. The Author is main petitioner there.

Cultural Nationalism vs. Pluralism: The Electoral Challenge and Democratic Principles of Indian Constitution

Enviado por

Dados do documento

Título original

Direitos autorais

Formatos disponíveis

Compartilhar este documento

Compartilhar ou incorporar documento

Opções de compartilhamento

Você considera este documento útil?

Este conteúdo é inapropriado?

Direitos autorais:

Formatos disponíveis

Cultural Nationalism vs. Pluralism: The Electoral Challenge and Democratic Principles of Indian Constitution

Enviado por

Direitos autorais:

Formatos disponíveis

Cultural Nationalism Vs.

Cultural Nationalism Vs. Pluralism :

The Electoral Challenge and Democratic principles of

Enumerating the cultural conflict in the Indian society is the

one which is manifestation of localized cultural and

linguistic assertions. It now has a new dimension added i.e.

the new compulsions of the international and domestic

economic compulsions like growing unemployment coupled

by the privatization effects which is further narrowing the

scope of employment for many of the unskilled young men.

This has further reduced margin for the young constituents

Almost 75%(below 45 years) of the total population

and about 33% are dependents(0-14 years)1. It is like looking

towards the mantra for solutions(Identity crisis and

survival) to perpetration of social miseries. A real

Malthusian demographic puzzle of sorts.2

In the era of communication blitzkrieg the political-

right and the Hindu fundamentalist parties are taking

advantage of this social cauldron. Gujarat is the point in

making and a possible beginning with many political

setbacks like attempt to coerce preference for Cultural

Nationalism to Cultural pluralism. The attempt by miniscule

minority and its ramification from executive policies to

Judiciary. An analysis is drawn here why this has come of

age now i.e. after more than 55 years of Indian democracy.

Key words: Cultural Nationalism, Gujarat, Hindu Right, Identity-

crisis, Development, Electoral process, Marginal Seats,

The conflict stage :

Ever since the Hindu rightist BJP got re-elected for

the second term(2002) in the west Indian state of Gujarat,

there has been talk in its Central committee to duplicate the

then in 2004 the General elections4. The highly competitive

Indian election scenario has been cited as one reason. The

opposition and the ruling may not have great variation in

terms of the votes polled and gained difference, yet the

number of seats won respectively may carry huge difference

Like the recently concluded Dec.12, 2002 State Assembly

elections, the BJP and Congress vote share difference was

almost double the number of seats getting more than 55%

gaining majority in the State legislaturei

Cultural Nationalism in its second phase :

To turn the political fortunes of the political Hindu right

from the mere two member of Parliament presence in

year1984 to the 1989 success of crossing 100 seats mark and

supporting the V.P. Singh government in 1989 a left of

Centre coalition at the Centre. The pinnacle came as the

Babri Mosque was demolished despite Supreme Court

orders to protect the disputed structure.ii To witness the

demolition or pulling down of the structure were the

during the General elections, 2004.

prominent leaders of the BJP and other Hindu right coalition

or umbrella coalition. Most of them became the incumbent

Central Ministers (1999-May 2004).iii

It is different that the vote share in the General

Elections has hardly increased for the Right of centre in

Indian electoral scenario. Thus on grounds of religious

marginal seats better to Indian secular political

Equally interesting to note the Hindu Right in 1989

capitalizing the Anti-Reservation sentiments prevailing then

. This was following implementation of the Central policy on

Job reservation, exploited the youth in this direction to quell

the identity crisisiv.

The process is not completely unrelated to the