On January 28, 2025, the well-known Calcutta daily ‘The Telegraph’ carried an article entitled ‘Rub your eyes: Hindu Rashtra Constitution to be unveiled at Mahakumbh on Basant Panchami’. The seemingly innocuous inside-page article, speaks volumes not only of the insidious yet meticulous plans which are being made, but also of the calculated attempts to destroy the secular character of the nation and ultimately the sanctity of the Constitution of India.
The news item highlights that a 501-page document, prepared by a 25-member committee of scholars, draws inspiration from the Ramayana, the rules and teachings of Krishna, Manusmriti and Chanakya’s Arthashastra. The so-called ‘Constitution’ based on the Hindutva ideology, is expected to be unveiled at the Mahakumbh on Sunday February 2, when the Hindus celebrate ‘Basant Panchami’. Whether it will actually take place is anyone’s guess; the painful fact however, is that no one from the ruling regime, who swear by the Constitution of the country, has had the courage to say that very thought of propagating such an idea should be regarded as anti-national!
The committee which has put together this Constitution is known as the ‘Hindu Rashtra Samvidhan Nirmal Samiti’ and apparently consists of so-called scholars of the ‘Sanatan Dharma.’ Swami Anand Swaroop Maharaj, patron of the committee, told reporters at the Mahakumbh, that their target was to make India a Hindu nation by 2035. (their original plan was to make India a Hindutva- nation in 2025 – the centenary year of the RSS- but their plans failed miserably when they did not get the required numbers in the last Parliamentary elections- to make any undemocratic Constitutional changes).
The key provisions in the proposed ‘Constitution’ include:
- Mandatory Military Education: Every citizen of the Hindu Rashtra will be required to undergo military education.
- Harsher Punishment for Theft: The constitution proposes stricter punishment for theft and other crimes. (apparently there is no word on ‘corruption’ – which is the forte of the ruling regime)
- Tax Exemption for Agriculture: The tax system will be revamped, with agriculture being completely tax-free.
- Unicameral Legislature: The Hindu Dharma Parliament will be a unicameral legislature, with members known as Dharmik Sansads.
- Minimum Voting Age: The minimum voting age has been fixed at 16 years, with only those belonging to Sanatan Dharma allowed to contest elections.
- The Rashtradhyaksh, the chief of the country, would be chosen by three-fourths of the elected members of the legislature
Swaroop reiterated, “Human values are in the nucleus of our Constitution, which has been prepared by 14 scholars from north and 11 from south India. Our Constitution is not against other religions but those who are found involved in anti-national activities will face harsher punishment than what is awarded to them currently…. Over 300 amendments have been made in the Indian Constitution in the last seven decades but our scriptures are the same for the last several thousand centuries. There are 127 Christian, 57 Muslim and 15 Buddhist countries. Even the Jews have Israel. But the Hindus, whose population is over 175 crores across the world, have no Hindu nation.”
The writing has been on the wall since a long time now: the attacks on the Christians in 1998-99, in different parts of India and particularly in the Dangs District and other areas of South Gujarat became International headlines. The Gujarat Carnage in 2002 when more than 2000 Muslims were murdered, many more brutalised and even raped and thousands of others having to leave forever a place they once called their home –was perhaps the blackest chapter in post –independent India.
Over the years, and particularly since 2014, when the BJP seized the reins of power once again – every effort is being made to denigrate and demonise the minorities of India and especially the Muslims, the Christians and the Sikhs; they have also been derogatively referred to as ‘terrorists’, ‘converters’ and ‘khalistanis’, respectively. There is a systematic move to paint the minorities as ‘anti-national’! Personnel and properties of the minority communities are regularly targeted.
The Judiciary –and in particular, the Supreme Court – has been one bastion of hope for the minorities, given its fundamental role and responsibility in protecting the letter and the spirit of the Constitution. Unfortunately, in the recent past, the Judiciary at various levels seem to have abdicated this non-negotiable duty – of impartiality, objectivity and of not siding with any particular faith and/or ideology. There are facts and other indicators to substantiate this!
Justice Shekhar Kumar Yadav, a sitting judge of the Allahabad High Court is a classic example!
On 8 December, he addressed the Vishwa Hindu Parishad (VHP) legal cell, in Allahabad High Court on ‘Uniform Civil Code–A Constitutional Imperative’. He argued in favour of a Uniform Civil Code and demanded for changes in the Muslim personal laws. His speech smacked of blatant ‘majoritarianism’ saying that India should function according to the wishes of the “majority,” meaning Hindus! Justice Yadav assured the VHP gathering that as the Ram Mandir was constructed in Ayodhya after years of “sacrifices by our ancestors,” the Uniform Civil Code would also become a reality soon. “Did you imagine seeing the Ram Mandir with your own eyes? But you did see it. Many of our ancestors made sacrifices for it, in the hope of seeing Ram Lalla freed and witnessing the construction of a grand temple. They couldn’t see it but did their part and now we are witnessing it.”. Likewise, he said that the country would get a UCC. “That day is not very far,” he emphatically declared. On 17 December, he was summoned by the Chief Justice of India to appear before the Collegium regarding his remarks. A month later, he writes to the Chief Justice, saying he stands by his remarks which, he maintained, did not violate any principle of judicial conduct.
The remarks of Justice Yadav are just the tip of the iceberg. There was the case of a Christian Pastor who had died, being denied the right to burial in his native village in Chhattisgarh by the village panchayat. After knocking at all doors in his State, his son had to seek justice from the Supreme Court. On 27 January, the two-member bench of the Supreme Court delivered a split verdict in the case. It directed that the body of the pastor be buried at a Christian graveyard 20 km away and asked the State administration to provide all support. Since the body was already in the morgue for almost three weeks, the judgement did not feel it appropriate to refer the matter to a larger bench.
Justice BV Nagarathna, however, strongly upheld the secular character of the Constitution. In her path-breaking judgment she asserted that, “It is said that death is a great leveller and we need to remind ourselves of this. This death has led to divisiveness among villagers on the right to burial. The appellant says there is discrimination and prejudice,” She noted that the High Court accepted a suggestion that displaced the practices being followed in the village. “The death of the person has given (way) to disharmony since it was not solved by the village panchayat. Panchayat has been taking sides which led to the case in high court and Supreme Court.” She pointed to the police affidavit that says a Christian convert cannot be allowed burial on the village grounds. “This is unfortunate and violates Articles 21 and 14 and furthers discrimination on the grounds of religion. The State cannot deny equality before the law. How could ASP Bastar give such an affidavit and what was the authority? it betrays the sublime principle of secularism.” Sadly, however, the other Justice thought otherwise and the Christian Pastor had to be buried far away from his village.
On January 27, Uttarakhand introduced and began implementing the Uniform Civil Code (UCC) which most legal and Constitutional experts find highly discriminatory. It is clearly aimed at targeting sections of the minorities- particularly Muslims and Christians. The law, among other things, does not challenge patriarchal provisions in Hindu civil law, for instance, on the guardianship of a minor boy or unmarried girl going to the father, and only after him, to the mother. Strangely enough the law will not be applicable to Scheduled Tribes, with the CM saying, “We have kept our scheduled tribes mentioned under Article 342 of the Constitution out of this code so that those rights can be protected!” So the question being asked is how ‘Uniform’ is this code?
There is plenty else happening all over the country with regard to the rights of minorities and to the cause of secularism. The tribal Christians in Manipur have been suffering since May 2023. In UP, a Christian Pastor and his wife have been convicted under the State’s draconian anti- Conversion law whilst several others are languishing in jail. In every one of them – there is absolutely no evidence of any wrongdoing, just that they were conducting prayer meetings or having a Bible in their house. The anti- conversion laws in several states ruled by the BJP, not only violate Article 25 enshrined in the Constitution is but also a blatant attempt to discriminate against the minorities. ‘Ghar wapasi’ which is also a conversion exercise, does not come into the ambit of this law. Amit Shah in his election campaign in Maharashtra promised that such a law would be introduced in that State too!
The list is endless indeed! Mobs stormed the gates and the grounds the Jesuit –run Andhra Loyola College in Vijayawada, demanding that they are entitled to use the private premises as per their whims and fancies. The High Court of Gujarat recently upheld the decision of the Gujarat State for a centralised process for recruiting teachers and principals in religious and linguistic minority educational institutions. The UP Chief Minister on Republic Day publicly asserted that ‘Sanathan Dharma’ is the religion of the country! Then there is the Waqf (Amendment) Bill 2024 which is supposed to be tabled in Parliament during this current budget session; A united opposition, however, has slammed the government on the passage of the draft report on the Waqf Amendment Bill saying they had no say, and all their amendments were defeated, and that only the amendments presented by the ruling party were taken up and considered. With frightening regularity one reads about how minorities are targeted for what they eat and wear, see and read!
Intellectual and social activist Professor Apoorvanand writes an incisive and hard-hitting article in ‘The Wire’ ( January 29, 2025). The article entitled, ‘The Loneliness of Being Christian in India’, is replete with incontrovertible facts. He emphatically states, “but as human beings, we must ask: what kind of country is it where only Christians have to worry about attacks on Christians, and the rest of society remains deaf to their concerns? The prime minister of India issues statements about violence against Christians outside India, but in India, Christians are being attacked and arrested for having and distributing Bibles, and churches are being targeted. During Christmas season, he visits churches and meets religious leaders, but lets the blood of Christians flow. Are only Hindus allowed to preach their religion in India?
What Prof. Apoorvanand states with angst, is an undeniable fact! There is a method in their madness, there is no doubt about it! The rot, we all know, starts at the top! At stake is the secular character of our nation and the future of democracy in our country- which is being destroyed systematically! We must wake up now and act with other like-minded women and men!
February 1, 2025
(The author is a human rights, reconciliation and peace activist/writer. Contact: cedricprakash@gmail.com)
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