The passage of the Constitution by the Constituent Assembly (CA) on November 26, 1949, was achieved after almost three years of rigorous debate and deliberations. This was a unique contribution in the history of the modern liberal democracies. Ours is not only the lengthiest constitution in world history (underlining the fact that the polity it was to govern was diverse and vast) but also outlined a benchmark for a polity based on egalitarian, democratic and non-sectarian ideals. Something of this nature had not then been even attempted in the non-Western world. This commitment was explicit in the Preamble of the constitution which read:
“WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all;
FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this 26th day of November 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.”
RSS demanded Manu Smruti as the Constitution
The two underlined ideals merely formally added in 1977, ‘Socialist and Secular’, only strengthened the resolve of the Constitution of India would apply to a non-sectarian polity with only the people of India, all of its people, sovereign. How many Indians however know that the Rashtriya Swayamsevak Sangh (RSS) that has today affected a stranglehold on Indian politics and democracy, through its political appendage, the Bhartiya Janata Party (BJP) had, at the time, mourned the birth (coming into effect) of the Indian Constitution? Outraged when the Indian Constituent Assembly (CA) adopted a democratic- Secular Constitution under the supervision of Dr. BR Ambedkar, their organs protested.
We know that when the Constituent Assembly of India passed the Constitution on November 26, 1949, the RSS organ Organizer came out with an editorial on November 30, 1949 titled ‘Constitution’ declaring its firm rejection of Constitutional Values:
“The worst about the new Constitution of Bharat is that there is nothing Bhartiya about it…There is no trace of ancient Bhartiya constitutional laws, institutions, nomenclatures and phraseology in it…Manu’s Laws were written long before Lycurgus of Sparta or Solon of Persia. To this day his laws as enunciated in the Manusmriti excite the admiration of the world and elicit spontaneous obedience and conformity. But to our constitutional pundits that means nothing.”
How fundamentally, the RSS denigrates the Constitution of India can be gleaned through the following statement of the most prominent ideologue of the RSS, Golwalkar:
“Our Constitution too is just a cumbersome and heterogeneous piecing together of various articles from various Constitutions of the Western countries. It has absolutely nothing which can be called our own. Is there a single word of reference in its guiding principles as to what our national mission is and what our keynote in life is? No!”
[MS Golwalkar, Bunch of Thoughts, Sahitya Sindhu, Bangalore, 1996, p. 238.]
By demanding Manusmriti as “constitution of India”, RSS, in fact was following the belief of its darling Hindutva icon, VD Savarkar who had declared long back:
“Manusmriti is that scripture which is most worship-able after Vedas for our Hindu Nation and which from ancient times has become the basis of our culture-customs, thought and practice. This book for centuries has codified the spiritual and divine march of our nation. Even today the rules which are followed by crores of Hindus in their lives and practice are based on Manusmriti. Today Manusmriti is Hindu Law”.
[VD Savarkar, ‘Women in Manusmriti‘ in Savarkar Samagar (collection of Savarkar’s writings in Hindi), vol. 4, Prabhat, Delhi, p. 416.]
The faith of RSS brass in Manusmriti, naturally, leads them to believe in Casteism too which gave birth to the debased practice of Untouchability. For RSS Casteism is the essence of Hindu Nationalism. Golwalkar did not mince words in declaring that Casteism was synonymous with the Hindu Nation. According to him, the Hindu people are no one but,
“The Hindu People, they said, is the Virat Purusha, the Almighty manifesting Himself. Though they did not use the word „Hindu‟, it is clear from the following description of the Almighty in Purusha-Sukta [in the 10th book of Rig Ved] wherein it is stated that the sun & the moon are His eyes, the stars and the skies are created from his nabhi [navel] and Brahmin is the head, Kshatriya the hands, Vaishya the thighs and Shudra the feet. [Italics as in the original text] This means that the people who have this fourfold arrangement, i.e., the Hindu People, is [sic] our God. This supreme vision of Godhead is the very core of our concept of „nation‟ and has permeated our thinking and given rise to various unique concepts of our cultural heritage.”
[Golwalkar, M. S., Bunch of Thoughts, collection of writings/speeches of Golwalkar published by RSS, p.36-37.]
What kind of a Hindutva civilization the RSS wants to build by enforcing the laws of Manu, can be known by having a glimpse of the laws prescribed by Manu for the lower castes, Untouchables and women. Some of these dehumanizing and degenerated laws, which are presented here, are self-explanatory.
A selection of Laws of Manu denigrating Dalits/Untouchables
- For the sake of the prosperity of the worlds (the divine one) caused the Brahmana, the Kshatriya, the Vaisya, and the Sudra to proceed from his mouth, his arm, his thighs and his feet. (I/31)
- One occupation only the lord prescribed to the Sudras, to serve meekly even these (other) three castes. (I/91)
- Once-born man (a Sudra), who insults a twice-born man with gross invective, shall have his tongue cut out; for he is of ‘low origin’. (VIII/270)
- If he mentions the names and castes (jati) of the (twice-born) with contumely, an iron nail, ten fingers long, shall be thrust red-hot into his mouth. (VIII/271)
- If he arrogantly teaches Brahmanas their duty, the king shall cause hot oil to be poured into his mouth and into his ears. (VIII/272)
- He who raises his hand or a stick, shall have his hand cut off; he who in anger kicks with his foot, shall have his foot cut off. (VIII/280)
- A ‘low-caste’ man who tries to place himself on the same seat with a man of a high caste, shall be branded on his hip and be banished, or (the king) shall cause his buttock to be gashed. (VIII/281)
As per the Manu Code if Sudras are to be given most stringent punishments for even petty violations/actions, the same Code of Manu is very lenient towards Brahmins. Shloka 380 in Chapter VIII bestowing profound love on Brahmins decrees:
“Let him never slay a Brahmana, though he has committed all (possible) crimes; let him banish such an (offender), leaving all his property (to him) and (his body) unhurt.”
A selection of Laws of Manu demeaning Hindu women
- Day and night woman must be kept in dependence by the males (of) their (families), and, if they attach themselves to sensual enjoyments, they must be kept under one’s control. (IX/2)
- Her father protects (her) in childhood, her husband protects (her) in youth, and her sons protect (her) in old age; a woman is never fit for independence. (IX/3)
- Women do not care for beauty, nor is their attention fixed on age; (thinking), (It is enough that) he is a man, ‟ they give themselves to the handsome and to the ugly. (IX/14)
- Through their passion for men, through their mutable temper, through their natural heartlessness, they become disloyal towards their husbands, however carefully they may be guarded in this (world). (IX/15)
- (When creating them) Manu allotted to women (a love of their) bed, (of their) seat and (of) ornament, impure desires, wrath, dishonesty, malice, and bad conduct. (IX/17)
[The above selection of Manu’s Codes is from F. Max Muller, Laws of Manu, LP Publications, Delhi, 1996; first published in 1886. The bracket after each code incorporates number of chapter/number of code according to the above edition.]
The reproduced parts of the Manu Code above need no further elaboration and commentary. They are too glaringly venomous, fascist and derogatory of marginalized sections, the Untouchables who are referred to as Sudras by Manu. Perhaps this was the reason that the German philosopher, Friedrich Nietzsche who contributed immensely to the growth of totalitarian ideas in Europe in the 20th century, fell in love with this work.
It is to be noted here that a copy of Manusmriti was burnt as a protest in the presence of Dr. BR Ambedkar during the historic Mahad agitation on December 25, 1927. Dr Ambedkar called upon Dalits to commemorate each December 25 as the Manusmriti Dehen Diwas (Manusmriti burning day) in future. In fact, Brahmanism as basis of the RSS world-view is the original Fascism in the history of human civilization.
RSS’ deep hatred for democracy
It is true that when RSS faced the wrath of the Indian State when Sardar Patel was the home minister of India it criticised the detention laws without trial. In an editorial in Organizer it wrote:
“Section 21 and 22 providing for detention without trial reduce all the wordy assurances about liberty, equality and fraternity to just near meaningless verbiage.”[Organizer, November 30, 1949]
But once in power the RSS-BJP rulers led by the present leadership have returned to Hindutva’s Fascist and Nazi heritage. They have converted Indian democratic-secular polity into a totalitarian Hindutva oligarchy where any kind of dissent is treated as anti-national and anti-Hindu. It is the continuation of hatred for democracy as decreed by Golwalkar as early as 1940. Golwalkar while addressing the 1350 top level cadres of the RSS declared:
“RSS inspired by one flag, one leader and one ideology are lighting the flame of Hindutva in each and every corner of this great land.”
[Golwalkar, M.S., Shri Guruji Samagar Darshan (collected works of Golwalkar in Hindi), Bhartiya Vichar Sadhna, Nagpur, nd., volume 1, p. 11.]
November 26, 2025
Disclaimer: The views expressed here are the author’s personal views, and do not necessarily represent the views of Sabrangindia.
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