Issues impacting voting in Maharashtra Assembly Elections 

1. Technical glitches in Electronic Voting Machines (EVMs)

The efficiency of the voting process was tested when an electronic voting machine malfunctioned at polling booth number 210 in the Kothrud constituency, located in Annasaheb Patil Primary School. The fault occurred around 8:00 AM, just an hour after polling began. The machine displayed an invalid status due to a wiring issue, causing a 30-minute delay.

Early voters, many of whom had arrived to cast their votes before heading to work, expressed frustration. One voter spoke to The Indian Express and stated that “I came early to vote and avoid delays at work, but the machine fault ended up delaying me anyway.” Another onlooker described to the IE reporter that the incident as ironic, given the significance of the election. Sector officer Pradeep Rangdale explained that the technical team responded promptly to fix the wiring, which had been disturbed by the morning rush. Despite resolution, the incident raised concerns about EVM reliability and the preparedness of election officials.

2. Protests and boycotts by the Transgender community

A political statement emerged from Pune, where members of the transgender community chose to boycott the elections. This decision, led by Manasi Goilkar of the Shrikhandi Trust, was driven by the community’s long-standing demand for vertical reservation, which has consistently been ignored by political parties and candidates.

The district has 805 registered transgender voters, but activists claim the actual number exceeds 10,000 due to underreporting and societal stigma. Goilkar criticised political leaders for neglecting the community’s issues, stating, “None of the parties or candidates even came to meet us or try to raise our issues,” as per a report of the Hindustan Times.

The neglect extended to Shameebha Patil, the lone transgender candidate contesting from Raver constituency under the Vanchit Bahujan Aghadi (VBA). During her campaign, Patil allegedly faced sexist and derogatory remarks from opponents, further highlighting the systemic discrimination faced by the community. The boycott by the transgender community sheds light on the broader issue of political apathy towards marginalised groups.

3. Allegations against the Election Commission

The integrity of the Election Commission was called into question during polling day, with allegations of bias and corruption surfacing from various quarters. Specific incidents, such as barricading in Nagpur Central, led to claims that the Commission had compromised its neutrality and sided with ruling parties.

People have accused the Election Commission of failing to uphold the principles of free and fair elections. The Opposition’s statements added to the charged atmosphere, with some claiming this was indicative of a broader erosion of democratic norms in the electoral process.  Voting for the Maharashtra assembly election concluded at 6 pm. The state has recorded 58.22% per cent voter turnout till 5 pm after a slow start. As per reports, Gadchiroli recorded the highest voter turnout at 69.63%, while Mumbai city recorded the lowest at 49.07%.

Within Mumbai city, Mahim recorded the highest voter turnout at 55.23% while 41.64% turnout was recorded in Colaba, which was the lowest.

Within Mumbai suburban, Bhandup West recorded the highest voter turnout at 60.18% while 47.05% turnout was recorded in Chandivali, which was the lowest.

 Mahayuti Alliance: Campaigning on welfare and polarisation 

The BJP-led Mahayuti alliance, which includes the Shiv Sena (Eknath Shinde faction) and Ajit Pawar’s Nationalist Congress Party (NCP), approached the elections with a dual focus on welfare schemes and polarising slogans. Campaigns centred around initiatives like “Majhi Ladki Bahin” for women, while slogans such as “Batenge toh katenge” and “Ek hai toh safe hai” were used to rally support. These slogans, however, drew criticism from the Opposition, who accused the alliance of fostering divisions along communal lines.

The seat distribution within Mahayuti was as follows:

– BJP: 149 seats

– Shiv Sena (Eknath Shinde faction): 81 seats

– NCP (Ajit Pawar faction): 59 seats

Despite these efforts, internal contradictions were visible, with leaders like Deputy Chief Minister Devendra Fadnavis and Ajit Pawar having to clarify or distance themselves from controversial campaign messages.

Maha Vikas Aghadi: A focus on social justice 

The Maha Vikas Aghadi (MVA), a coalition of the Congress, Shiv Sena (Uddhav Balasaheb Thackeray faction), and NCP (Sharad Pawar faction), aimed to counter Mahayuti’s polarisation tactics with a focus on inclusivity and constitutional values. Their campaign advocated for a caste-based census and social justice initiatives, appealing to voters disenchanted with the ruling government.

Seat allocation for MVA was as follows:

– Congress: 101 seats

– Shiv Sena (UBT): 95 seats

– NCP (Sharad Pawar faction): 86 seats

Leaders such as Rahul Gandhi and Sharad Pawar criticised the BJP’s governance and campaign strategies, framing the MVA as a more progressive and equitable choice for voters.

Smaller players and independent candidates 

The elections also saw participation from smaller parties such as the Bahujan Samaj Party (BSP), which contested 237 seats, and AIMIM, which fielded candidates in 17 constituencies. An impressive 28% rise in candidates was noted this year, with over 4,000 individuals in the fray, including 2,086 independents. This increase points to growing dissent within major alliances, as many rebel candidates challenged official nominees.

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The post Elections amidst glitches: Maharashtra’s crucial poll day unfolds with complaints of barricading and EVM glitches appeared first on SabrangIndia.

De-mythifying Ambedkar

Iconoclast projects Ambedkar as a man of flesh and blood, who reflected the times in which he lived and endeavoured to achieve his goals. In contrast to the hyperbole often associated with his legacy, Teltumbde eradicates any element of myth and eulogy to convey the essence of the man behind the legend. Iconoclast projects Ambedkar as a man of flesh and blood, who was a product of his times and one who endeavoured to achieve his goals.

Quoting Teltumbde . “A biography often becomes a eulogy, an unquestioning celebration,” Teltumbde remarked. “That wasn’t the book I wanted to write, especially today when Ambedkar’s legacy is being co-opted across the political spectrum. “But upon reflection” – he continued, explaining the prefix ‘reflective’ before the biography – “I agreed to look at him not as a god to be worshipped, but a case study. If we are to be inspired by him, we must see him as a real person.”

Surgically, Teltumbde has both de-mythified and demystified Ambedkar who was often confusing and inconsistent figure. For example, Teltumbde recounts Ambedkar, writing a book supporting Partition and the creation of Pakistan, only to retract this position in a second edition.

In this work, Ambedkar is presented not as a deity of devotion but as an important case study for the present generation to learn from. The author traced the methodology with which he evaluated the Buddha, whom he regarded as his master, to present Ambedkar’s life and legacy with a critical analysis rather than mere eulogy.

Distinctive character of Ambedkar

Teltumbde recounts that there were several leaders who worked on different issues that ailed society but these leaders directed movements by the upper castes and did not concern with the caste exploitation of the majority of their own people. This realisation gave birth to the non- Brahmin movement of Jyotiba Phule and later to Dalit movements in various provinces with varying visions and approaches.

The book unravels that after the 1930s, Ambedkar overshadowed other Dalit leaders and ovements that mushroomed across various regions, becoming the most impactful leader for Dalits, who constituted one-sixth of India’s population However, despite his stature, he was casteinto into oblivion by the ruling classes after his death. Dalits had to struggle tooth and nail to erect his statues, and it took a decade even before a marker was established at his cremation site.

Ambedkar as distinguished from other leaders, singularly characterised the caste system as the main obstacle in India’s progress and demanded its annihilation. He characterised castes as not only a social evil but also a religious evil, and spoke of dynamiting the Hindu Dharmashastras that sustained it. After realising the impossibility of this task, he concentrated on the political solution and came in confrontation with stalwarts like Mahatma Gandhi. Even in his intellectual navigation, he challenged giants like Bertrand Russell and John Maynard Keynes. It is this very rebellious attitude towards established icons and ideas that makes him an iconoclast.

The author narrates, Ambedkar’s sheer hatred for Communism in his writings, quoting his stating that Communists had disregard for the Constitution and parliamentary democracy. He is also critical of Ambedkar’s silence against the RSS and Hindu Mahasabha and concludes that his goal was to alienate Communists or Marxist thinkers.

Distorted role in authoring the Constitution

Teltumbde also recounts how Ambekar’s role as architect behind the Constitution is a myth which had to be dispelled. This was evident in Ambedkar’s sentiments in the years after the Republic was formed. “Ambedkar said he was used as a hack to get the support of the Dalits for the book, and he would be the first one to burn the constitution.”

While Ambedkar did indeed make the most significant contribution among the seven members of the Drafting Committee, it is important to understand that he was not solely responsible for writing the Constitution. TT Krishnamachari, a member of the Drafting Committee,

acknowledged in November 1948 that the “burden of drafting this [revised] constitution” fell largely on Ambedkar because other members were unable to make “substantial contributions” due to “death, illness, and other preoccupations.” Additionally, Ambedkar’s role in piloting the draft constitution is evident from the Constituent Assembly debates, where he actively defended and explained its various provisions.

Ambedkar himself expressed anger with being labelled the “architect” of the Constitution. In a debate in the Rajya Sabha on September 2, 1953, he responded to a member’s remark by saying, “I was a hack. What I was asked to do, I did much against my will… My friends tell me that I have made the Constitution. But I am quite prepared to say that I shall be the first person to burn it out. I do not want it. It does not suit anybody.”

Important historical coverage

In detail, the author unravels the pro-caste policies of Mahatma Gandhi like his stand during Poona pact, which deprived Dalits of political power. Extensive coverage given to subject of annihilation of caste. In detail, the book describes how Ambedkar located the evils of caste  system in the Vedas, Shastras and Puranas. The book traces Ambedkar’s antagonism with Hinduism in retrospect to death of Ramabai and what drew him into Buddhism. Important reference to the temple entry Satyagrahas like the one at Mahad and the struggles of untouchables in Nasik and Pune. In immaculate depth, the author navigates how and why Ambedkar resorted to taking refuge in Buddhism.

Important aspects delved into in the book are aspects from the pre-independence era when episodes of class-caste struggle are explored, electoral politics, manifesto of Independent labour party, Annihilation of caste, the Moonje factor, Ramabai, Communal award, anti-Khoti bill, Manmad conference, bills of 1937 and 1938, tryst with parliamentary democracy and backward castes are markers. There is also a detailed look at how the Round Table Conference, Cripps Mission, Gandhi-Irwin pact and second World War shaped Ambedkar’s path.

The author also recounts details around the popular Strike of the Municipal Workers Union, where Ambedkar united with the Communists. Regretfully, the Communists did not acknowledge Ambedkar or his party, the Indian Labour Party. The book narrates Ambedkar’s ’travesty with post-  independence India in ‘Taste of Swaraj.’, dealing with his reaction to the ‘Constitutional state, Tricolour, Socialism, Buddhism embracement, Hindu code bill, Scheduled ‘caste refugees, and the 1951 elections.

Inspiring the modern generation

The book unravels the historical processes crucial for the new generation who risk falling into the trap of a blind-ed devotion to Ambedkar, unable to diagnose their own condition, the factors responsible for their plight, or what hinders their movement. Iconoclast paves the way for them to revisit him with a critical perspective, a process which can shape their politics and develop strategies for the future. Vested interests have promoted Ambedkar in a way that encourages his followers to merely glorify him rather than assess his ideas critically. Ambedkar’s ideals projected without the right guidance, has bred crass opportunism by this generation which can be seen in the significant support that Dalits have extended to the BJP, which glorifies Brahmanism.

Opponent to Brahmanical fascism

Teltumbde concludes that had he lived today, Bhimrao Ambedkar would undoubtedly been a serious threat to this regime and would likely have found himself imprisoned under draconian laws like UAPA, possibly even as the co-accused in the Bhima-Koregaon case.

Teltumbde reveals how Ambedkar was head and shoulders opposed to hegemonic Brahmanism, which the current regime glorifies. No one more acutely slapped the politics of the Sangh Parivar as sharply as he did when he stated, “If Hindu Raj does become a fact, it will, no doubt, be the greatest calamity for this country.… Hindu Raj must be prevented at any cost.” Tragically, in today’s scenario calling for his symbolic reincarnation among his followers, he would find no one morally abiding with him. Even the so-called Ambedkarites would not support him for not dancing in tune with their brand of Ambedkarism.

Flaws in the book

This book does not however adequately unravel Ambedkar’s negation of revolutionary class struggles or collusion with reformism, particularly in the Workers front projecting Ambedkar as a social revolutionary, rather than a social reformer. There are no words or analysis, no criticism of how Ambekar did not give a cutting edge to the class struggles or Communist influenced movements or the glaring contradictions between Ambedkarism and Marxism.

Icon-isation of the Iconoclast

In this concluding chapter Teltumbde concludes that Ambedkar’s conflating with the struggle of an entire people is unparalleled. In history. He also asserts that the icon was plagued with his share of limitations.

Significant parts are Teltumbde’s narration of the 1953 land Satyagraha in Marathwada, which he praised for taking up issue of land to the landless. It went on to unravel the subsequent Satyagrahas in 1964-65 engulfing Punjab. Madras, Mysore, Delhi, Uttar Pradesh, Gujarat and Maharashtra. They heroically withstood attempts of the state to shatter it, with 3,50,000 people imprisoned., which was unprecedented in India. It was the turning point in Dalits asserting their right to procure a concrete share of the wealth and not be restricted within the periphery of mere socio-cultural aspirations.

He also encompasses the formation of RPI, impact of Dalit Panther movement in 1973, role of Kanshiram, the Hindutva counter revolution, individual and collective empowerment of Dalits, impact of Ambedkar’s Praxis and Cultural state of Society today.

The author reflects on how the movement Ambedkar built is in tatters, with leaders thriving on the Ambedkar cult systematically patronised by the ruling classes. They have made the Marxists and Communists their prime target, instead of the Brahminic zealots. This has origins in the anti- communist slant of Ambedkar, who spoke against Marxism and Communism. The author professes that even after seven decades, Dalits are alienated from non-Dalits, and the Ambedkarite Dalit movement, with factor of untouchability, still intact. In view of the author, Ambedkarism has been the root cause of splits within the Dalit movement, be it Dalit Panthers or RPI. The Congress by projecting Ambekar as chief mentor the Constitution, made the Dalits embrace it as a holy text.

(The author is a freelance journalist)

The post Iconoclast: Path breaking biography of BR Ambedkar projects his human essence appeared first on SabrangIndia.

This judgment demonstrates a narrowing of the SC/ST Act’s scope, potentially setting a dangerous precedent that could weaken its protective intent.  

The incident and the court’s findings  

According to the prosecution, on January 21, 2011, the second respondent, accompanied by other officials, visited a site to identify encroachments allegedly made by petitioner No. 1, Achal Singh, on public land. During the site measurement, the petitioners reportedly objected to the process and allegedly hurled abusive terms such as “Bhangi,” “Neech,” “Bhikhari,” and “Mangani” at the informant and others. They were also accused of committing physical assault.

“In the case on hand as referred above, the words used were not caste name nor there is allegation that the petitioners were known to the caste of the public servants, who had gone to remove the encroachments. Moreover, it is crystal clear on bare perusal of allegation that the petitioners were not intending to humiliate the…persons for the reason that they were members of Schedule Caste and Schedule Tribes rather act of the petitioners was in protest against the action of measurements being wrongly done by the public servants“. (Para 12)

Following an investigation, the police determined that the allegations were unfounded and submitted a negative report. However, upon the filing of a Protest Petition, the court took cognisance of the matter, and charges were subsequently framed against the petitioners.

The court, however, found the evidence insufficient to sustain these charges. Justice Kumar noted, “The words used were not caste name[s], nor is there [an] allegation that the petitioners were known to the caste of the public servants.” The court emphasised that the police investigation had already dismissed the allegations as untrue, with no independent witnesses to corroborate the complainant’s account. Furthermore, the court observed that the altercation arose from the accused’s dissatisfaction with the officials’ actions and not from caste-based animosity.  

“Learned counsel contends that there is no iota of evidence that the petitioners had knowledge about the caste of the informant and others. There is no material that the incident took place in the public view. Only the prosecution party are witnesses of the incident. Learned counsel next contends that it is a case of flagrant abuse of the provisions of law because the incident did not take place for the reason that petitioners were intending to humiliate the informant and others for their being members of the Scheduled Caste or Scheduled Tribes rather the incident took place for unfair measurements to decide any encroachment allegedly made by the petitioners.” (Para 8)

The decision also drew upon the Supreme Court’s precedent in Ramesh Chandra Vaishya v. State of Uttar Pradesh & Anr., where similar charges were dismissed due to the absence of public witnesses and the lack of direct caste references. The court ruled that the essential ingredients of intent to humiliate and public view, as required by the SC/ST Act, were not met in this case.  

The role of intent and context in caste-based abuse  

Central to the court’s judgment was its reliance on the absence of intent to humiliate the complainant based on caste. The accused contended that their frustration with alleged procedural irregularities in land measurement led to the altercation, and the court accepted this explanation. However, this approach fails to account for the socio-cultural significance of the language used.  

Terms like “Bhangi” and “Neech,” though not explicit caste names, are loaded with casteist connotations and have historically been used to demean and marginalise Dalits. Their use in any context perpetuates caste hierarchies and reinforces systemic discrimination, regardless of the alleged intent. By focusing narrowly on the intent of the accused, the court overlooked the broader impact of such language on the complainant’s dignity and the collective trauma of marginalised communities.  

This reasoning risks creating a dangerous precedent, where the use of casteist slurs may be excused as long as intent cannot be conclusively proven. Such an interpretation undermines the SC/ST Act’s purpose of addressing the structural and often covert nature of caste oppression.  

Narrow interpretation of “Public View”  

Another critical aspect of the judgment was its reliance on the absence of independent witnesses to dismiss the charges. The court interpreted the SC/ST Act’s requirement of “public view” to mean that the incident must have been witnessed by uninvolved third parties. Justice Kumar noted, “Only the informant and its officials are witnesses of the incident; no independent witness has turned up to support [the claims].”  

This interpretation reflects a restrictive and problematic view of public view. Many acts of caste-based abuse occur in semi-public spaces, where independent witnesses may be unwilling to come forward due to fear of retaliation or societal pressures. In such contexts, requiring independent corroboration places an unfair evidentiary burden on the victim, discouraging them from seeking justice.  

The problematic role of police investigations  

The court’s heavy reliance on the findings of the police investigation raises further concerns. The police had earlier dismissed the allegations as baseless, but their report was challenged by the complainant, leading to charges being framed. Justice Kumar’s acceptance of the police report as conclusive evidence overlooks systemic issues within law enforcement, where caste-based atrocities are often underreported or trivialised.  

The SC/ST Act was enacted precisely because of the entrenched biases within the criminal justice system, which often fail to address the grievances of marginalised communities. By leaning heavily on the police investigation without critically examining its methodology or potential biases, the court risked undermining the Act’s protective framework.  

Implications for the SC/ST Act  

The dismissal of charges under the SC/ST Act in this case reflects a broader trend of judicial interpretations narrowing the scope of the law. While the Act was designed to protect vulnerable communities from systemic discrimination, judgments like this one demonstrate how procedural hurdles and technicalities can erode its efficacy.  

By focusing on the absence of intent and public witnesses, the court’s decision risks emboldening those who perpetuate casteist behaviour. It also sends a discouraging message to victims, who may perceive the legal system as being indifferent to their lived experiences of discrimination.  

At a time when caste-based atrocities are on the rise, as evidenced by increasing reports from across India, the SC/ST Act’s robust enforcement is critical. Diluting its provisions through narrow interpretations not only weakens its deterrent effect but also undermines the broader fight for social justice and equality.  

The judgment underscores the urgent need for a more contextual and empathetic approach to cases involving caste-based discrimination. While procedural safeguards are necessary to ensure fairness, they should not come at the cost of justice for victims of systemic oppression. Courts must recognise that casteist abuse often occurs in subtle and insidious ways that do not always align neatly with rigid legal definitions.  

A broader interpretation of terms like “public view” and a more nuanced understanding of the socio-cultural impact of casteist language would better serve the SC/ST Act’s intent. Such an approach would not only uphold the law’s protective spirit but also affirm the judiciary’s commitment to safeguarding the dignity and rights of marginalised communities.  

In conclusion, while the Rajasthan High Court’s judgment raises troubling questions about its implications for caste justice. Moving forward, it is imperative that courts adopt a more comprehensive framework that balances procedural integrity with the broader goals of equality and social justice. Only then can the SC/ST Act remain a meaningful tool in the fight against caste-based atrocities.  

The complete judgment can be read here:

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The post Rajasthan HC finds no caste intent in words like ‘Bhangi’, ‘Neech’, ‘Bhikhari’, ‘Mangani’, drops SC/ST Act charges appeared first on SabrangIndia.

The case arose from challenges to Chapter VIIIA of the Maharashtra Housing and Area Development Act of 1976 (MHADA). The key question before the Court was whether the phrase “material resources of the community” in Article 39(b) includes privately owned property. Previous judgments, such as State of Karnataka vs. Ranganatha Reddy (1977) and Sanjeev Coke Manufacturing vs. Bharat Coking Coal Ltd (1982), had interpreted the phrase broadly to encompass private property.[2]

The Court in Property Owners overturned this expansive interpretation. The majority opinion, authored by Chief Justice Chandrachud, held that not all private property could be considered “material resources of the community”. Justice Nagarathna, in a separate concurring opinion with slight difference of opinion, agreed that private property could theoretically fall under Article 39(b) but stressed the need for a context-specific analysis of previous judges’ interpretations. Justice Dhulia, in a dissenting opinion, maintained the view that all private property is a material resource of the community.

Genesis of the Property Owners case

To understand the events that led to the Property Owners Association v. State of Maharashtra case and the nine-judge bench’s ruling on the term “material resources,” let’s examine the historical context and key cases involved.

Laying the groundwork: Article 31C and Kesavananda Bharati

Initially, Article 31C was added to the Indian Constitution to safeguard laws promoting social and economic objectives, even if these laws appeared to infringe upon fundamental rights. This addition aimed to address earlier Supreme Court rulings that had struck down land reform laws and social welfare legislation for violating fundamental rights to property and equality.

Article 31C had two key parts: the first part protected laws implementing Articles 39(b) and (c) from being voided due to conflicts with Articles 14 and 19. The second part, intended to shield such laws from judicial review even if they didn’t effectively implement Articles 39(b) and (c), was invalidated in 1973 by the landmark Kesavananda Bharati v. State of Kerala judgment. The Kesavananda Bharati case was also Mcrucial for establishing the “basic structure doctrine,” which restricts Parliament’s ability to amend the Constitution.[3]

The Minerva Mills Case and its Implications

A subsequent amendment to Article 31C in 1976 sought to expand its protection to any law promoting any Directive Principle, not just Articles 39(b) and (c). However, the 1980 Minerva Mills v. Union of India case invalidated this amendment, leaving the scope of Article 31C’s protection in question.[4]

The Minerva Mills case generated debate about whether the original, pre-amendment version of Article 31C had been revived. This ambiguity regarding the survival of Article 31C and the interpretation of “material resources” in Article 39(b) contributed to the need for the nine-judge bench in Property Owners.

Navigating Conflicting Interpretations: Ranganatha Reddy, Sanjeev Coke, and Mafatlal

The interpretation of Article 39(b), specifically the meaning of “material resources of the community,” became crucial for applying Article 31C. Several cases grappled with this interpretation, leading to conflicting views and fuelling the debate that culminated in the Property Owners case:

1. State of Karnataka & Anr. v. Shri Ranganatha Reddy & Anr. (1977): This case involved the nationalization of contract carriages in Karnataka. The seven-judge bench was split in its reasoning. The majority upheld the law without directly addressing Article 39(b). Justice Krishna Iyer, in a concurring but minority opinion, interpreted “material resources of the community” broadly to include all resources meeting “material needs,” encompassing private property. The majority explicitly disagreed with Iyer’s expansive view.[5]
2. Sanjeev Coke Manufacturing v. Bharat Coking Coke (1982): This case concerned the nationalisation of coking coal mines. The five-judge bench unanimously adopted Justice Krishna Iyer’s interpretation of Article 39(b), even though it had been a minority view in Ranganatha Reddy.[6]
3. Mafatlal Industries v. Union of India (1997): This case focused on tax refunds. A nine-judge bench, in a single-line statement, suggested that “material resources of the community” includes both public and private resources. However, the Property Owners judgment would later classify this statement as obiter dicta, not legally binding.[7]

The Property Owners Case: Resolving the Debate

These cases, especially the disagreements in Ranganatha Reddy and Sanjeev Coke‘s reliance on a minority opinion, led to uncertainty about the scope of Article 39(b) and the state’s authority over private property.

The Property Owners case stemmed from challenges to a section of the Maharashtra Housing and Area Development Act (MHADA), which aimed to acquire certain properties. The case reached a nine-judge bench to address the enduring question of whether “material resources of the community” encompassed privately owned resources.

The nine-judge bench had to reconcile these previous judgments and provide a clear interpretation of Article 39(b).

Arguments in the Property Owners Case

The petitioners argued for a narrow interpretation of “material resources of the community” in Article 39(b). They submitted that the phrase encompasses resources already owned by the state or those where state ownership is constitutionally mandated. They emphasized that Article 39(b) focuses on “distribution,” not acquisition, implying the state can only distribute resources it already possesses.

The respondents argued for a broader interpretation of “material resources of the community”, contending that it includes privately owned resources. They argued that the state can acquire private property for redistribution to achieve social and economic justice, aligning with the constitutional goals outlined in the Preamble and Directive Principles. A narrow reading, they argued, would render Article 31C, which protects laws promoting Directive Principles, redundant.

Decoding Chandrachud’s majority opinion in Property Owners

CJI(as he was then) DY Chandrachud, authoring the majority opinion in Property Owners Association v. State of Maharashtra, tackled the long-standing debate surrounding the interpretation of “material resources of the community” in Article 39(b) of the Indian Constitution. His reasoning navigated the complexities of judicial precedent, constitutional principles, and economic ideology to arrive at an understanding of the state’s power over private property.

CJI (as he was then) Chandrachud’s judgment begins by acknowledging the historical context surrounding Article 31C and the conflicting interpretations of Article 39(b) that emerged from previous Supreme Court judgments. He notes that Article 31C was initially introduced to protect laws promoting social and economic objectives, even if they appeared to infringe on fundamental rights. The amendment to Article 31C, struck down in Minerva Mills v. Union of India, sought to expand its protection to laws furthering any Directive Principle, not just Articles 39(b) and (c). This amendment, according to the Minerva Mills judgment, would have severely undermined the protections afforded to citizens by Articles 14 and 19.

The judgement authored by the Justice Chandrachud directly addresses the judicial discipline concerns surrounding the reliance on Justice Krishna Iyer’s minority opinion in Sanjeev Coke. He points out that while individual judges can hold differing views, the majority opinion in a case is what establishes binding precedent. In Ranganatha Reddy, the majority, according to him, explicitly distanced itself from Justice Krishna Iyer’s view that “material resources” encompasses all private property. Thus, the five-judge bench in Sanjeev Coke erred by adopting this non-binding minority view.

He then turns to the heart of the matter: interpreting the phrase “material resources of the community” in Article 39(b). He rejects the expansive interpretation espoused by Justice Krishna Iyer, which would essentially allow the state to nationalize any private property deemed necessary for the common good. Such an expansive view, Chandrachud argues, would be tantamount to endorsing a particular economic ideology – a rigid, state-controlled model that is inconsistent with India’s mixed economy.

The majority judgement stated that while the Constitution aims for social and economic justice, it does not mandate a specific economic system. It was reasoned that interpreting Article 39(b) to encompass all private property would undermine individual property rights and stifle economic growth. While acknowledging that private property can indeed be a “material resource,” a caveat was added that not all private property automatically qualifies as such. The determination requires a nuanced analysis according to the majority, considering factors like the nature of the property, the impact of the resource on the wellbeing of the community, scarcity of the resource and the consequences of such a resource being concentrated in the hands of private owners, and the specific objectives of the law seeking to regulate it. [Paragraph 222]

To understand the “community” element of such resources, the majority judgement invokes the Public Trust Doctrine, which posits that the state acts as a trustee for resources crucial to public well-being. This doctrine, initially applied to resources like air, sea, waters, and forests, has expanded to include other resources like spectrum, which possess a community or public element. Therefore, the Public Trust Doctrine aids in identifying private resources that could be considered “material resources of the community” under Article 39(b). [Paragraph 224]

On the crux of the matter, the majority says as follows:

“The direct question referred to this bench is whether the phrase ‘material resources of the community’ used in Article 39(b) includes privately owned resources. Theoretically, the answer is yes, the phrase may include privately owned resources. However, this Court is unable to subscribe to the expansive view adopted in the minority judgement authored by Justice Krishna Iyer in Ranganatha Reddy and subsequently relied on by this Court in Sanjeev Coke. Not every resource owned by an individual can be considered a ‘material resource of the community’ merely because it meets the qualifier of ‘material needs.” [Paragraph 229]

Justice BV Nagarathna’s Concurring Opinion

Justice BV Nagarathna, in her concurring opinion in Property Owners Association, agreed that Article 39(b) does not cover all private property, but took issue with the majority’s characterization of past judgments, especially those by Justice Krishna Iyer. She cautioned against labelling Sanjeev Coke judgement as violative of “judicial discipline,” arguing that such pronouncements could imply that judges in those cases were not true to their oath. [Paragraph 5.11]

She stated that the judgement in Sanjeev Coke merely referred to the minority opinion in Ranganath Reddy while independently upholding the challenged law. She emphasized that judgments should be viewed within their historical context. [Paragraph 23]

She argued that the shift in India’s economic policy towards liberalisation does not warrant branding past decisions, influenced by socialist ideologies, as a “disservice to the broad and flexible spirit of the Constitution.” [Paragraph 1.2] This remark, which we can infer could have been made in the majority judgement draft that was circulated among the judges did not feature in the final uploaded copy of the judgement.

Justice Dhulia’s Dissent in Property Owners

Justice Sudhanshu Dhulia penned a lone dissent in the Property Owners Association case, disagreeing with the majority’s conclusion that the phrase “material resources of the community” in Article 39(b) does not encompass all privately owned resources. He argued that excluding private property from the purview of Article 39(b) overlooked the potential benefits of equitable distribution of certain private resources for achieving social and economic justice. He viewed private resources as an integral part of the “material resources” necessary for realising the goals of the Directive Principles, particularly in light of persistent economic disparities in India. He stated that the interpretation by the majority not only limits the hands of legislature to a non-exhaustive list of factors to determine which resources can be considered as material resources and that there is no need for such pre-emptive determination.[8]  Unlike the majority, which placed specific boundaries on when private property could be considered a community resource, Justice Dhulia argued for a broader interpretation, advocating that these resources should always be viewed with an eye towards redistribution for the common good

Justice Dhulia also stated that the majority did not explicitly disagree with Justice Krishna Iyer’s opinion in Ranganath Reddy and therefore, it cannot be said that judicial discipline was broken by the Supreme Court bench in Sanjeev Coke case by relying on the minority reasoning. [Paragraph 14.7] On the criticism of Krishna Iyer Doctrine in the majority judgement, Justice Sudhanshu Dhulia’s opinion stated as follows:

“Before I conclude, I must also record here my strong disapproval on the remarks made on the Krishna Iyer Doctrine as it is called. This criticism is harsh and could have been avoided. The Krishna Iyer Doctrine, or for that matter the O. Chinnappa Reddy Doctrine, is familiar to all who have anything to do with law or life. It is based on strong humanist principles of fairness and equity. It is a doctrine which has illuminated our path in dark times. The long body of their judgment is not just a reflection of their perspicacious intellect but more importantly of their empathy for the people, as human being was at the centre of their judicial philosophy. In the words of Justice Krishna Iyer himself: “The Courts too have a constituency – the nation – and a manifesto – the Constitution”.[9]

Conclusion

While the change that this judgement could effectuate is yet to be seen, the reasoning employed has paved the way for future decisions that could limit state power especially in the realms of taking over property of the individual. However, a larger question still looms large over the institution of Supreme Court—whether there will be same enthusiasm to curb state power in realms of individual freedoms and right to life or not.

(The author is part of the legal research team of the organisation)
______________________________________________________________________

[1] 2024 INSC 835

[2] (1977) 4 SCC 471; (1983) 1 SCC 147

[3] AIR 1973 SC 1461

[4] AIR 1980 SC 1789

[5] 1978 AIR 215,

[6]  1983 AIR 239

[7]  AIRONLINE 1996 SC 1268

[8] Page 5 of Justice Sudhanshu Dhulia’s opinion.

[9] Page 96, Justice Sudhanshu Dhulia’s opinion.

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The post Material resources may include private property but with caveats says says SC in 8:1 majority ruling; Justice Sudhanshu Dhulia Dissents appeared first on SabrangIndia.

The victim, who had been married for just two months, recounted the traumatic experience. She asked people gathered there to give a phone to call for help, but was rebuffed.

In #UttarPradesh‘s #Aligarh, a 22 year old girl named #Sultana was eve teased and molested by half a dozen men in #DelhiAligarhTrain, when her husband raised objection he was beaten by the miscreants, and instead of arresting the eve teasers police arrested her husband.. pic.twitter.com/ZevbEXHqEx

— Hate Detector (@HateDetectors) November 15, 2024

The attackers even assaulted her husband with belts at Aligarh Railway Station, right in front of her and her in-laws. To make matters worse, the assailants threatened the victim with a gun. She alleged that a group of other people also joined in beating him up further.

People remained mute spectator, Police chosen selective action

The woman said that, “The goons began staring at me as soon as the train left Delhi. When I objected, they tried to touch me. My husband stepped in to defend me, but he was attacked. Despite my pleas for help, other passengers just watched silently” as Times of India reported,

Relatives of the couple soon arrived at the station and staged a protest in response to the incident. Following the public outcry, the GRP released the husband and registered a case at Aligarh GRP Police Station against the attackers. Police confirmed that one of the accused, Jitu Singh, a resident of Usmanpur Khandauli in Agra, has been arrested. However, three others, including Mahesh from Singh Kuberpur, remain at large, while two more suspects have yet to be identified.

Notably, GRP SHO Shailendra Yadav confirmed that a case had been registered following the victim’s husband’s complaint. The charges include Section 74 (assault or use of criminal force against a woman with intent to outrage her modesty), Section 115-2 (voluntarily causing hurt), and Section 352 (insult that provokes a breach of peace) of BNS, 2023. The couple, married just two months ago, had travelled from Delhi to Aligarh to attend a family wedding. The husband, who runs a clothing business, has been living in Delhi since their marriage.

Alarming rise in anti-Muslim attacks in Train

There has been a concerning surge in attacks on Muslim passengers on trains in recent years. This disturbing trend is exemplified by several incidents, including, in August, 2024, an elderly Muslim man was brutally beaten by fellow passengers on a train near Nashik district, Maharashtra, in September, 2024,  a group of Madrasa students traveling in a general coach were assaulted by two allegedly intoxicated assailants in route to Mumbai.

In July 2023, a shocking incident occurred on the Jaipur-Mumbai Central Superfast Express, where a Railway Protection Force (RPF) constable, Chetan Singh, fatally shot four individuals, including an Assistant Sub Inspector (ASI) and three Muslim passengers, near Palghar Railway Station in Mumbai Suburbs.

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The post Muslim bride molested on Delhi-Aligarh train, husband thrashed for defending her appeared first on SabrangIndia.

The second complaint is directed at BJP candidate Satyendra Tiwari, who, during a campaign rally in Garhwa, made derogatory and exclusionary comments targeting the Muslim community. Tiwari’s remarks, which explicitly stated that votes from Muslims should be disregarded, violate key provisions of the RPA and MCC. CJP contends that Tiwari’s rhetoric undermines the principles of universal suffrage, religious inclusivity, and fair elections, posing a serious threat to Jharkhand’s social fabric. The complaint demands immediate action from the Jharkhand Election Commission to address these violations, ensure the fair conduct of elections, and prevent further communal rhetoric from influencing the electorate.

CJP is dedicated to finding and bringing to light instances of Hate Speech, so that the bigots propagating these venomous ideas can be unmasked and brought to justice. To learn more about our campaign against hate speech, please become a member. To support our initiatives, please donate now!

Complaint 1: Madhya Pradesh CM Mohan Yadav for promoting communal divisiveness and electoral misconduct

The complaint filed by CJP highlights inflammatory and communal statements made by Madhya Pradesh’s Chief Minister Mohan Yadav during an election rally in Panki, Ranchi, Jharkhand, on November 8, 2024. CJP states that Yadav’s speech violates both the MCC and the RPA. His comments, which target the Muslim community by labelling them as “Bangladeshi infiltrators” and linking their population growth to threats against Hindu festivals, are seen as divisive and inflammatory. CJP contends that these remarks promote religious polarisation and undermine social harmony, potentially inciting communal violence and fear.

In his speech, CM Yadav claimed that the decline in the Hindu population and the rise of the Muslim population in Jharkhand were the result of the influx of “Bangladeshi infiltrators.” This narrative, according to CJP, wrongly portrays Muslims as outsiders and illegitimate citizens, which creates a divide between religious communities. Additionally, Yadav used the rhetoric of “saving culture” to frame the election as a religious battle, suggesting that Hindu traditions and festivals, such as Diwali and Holi, were under threat. Such language, CJP argues, directly appeals to voters based on their religious identity, violating the MCC’s prohibition on communal appeals during elections.

CJP further asserts that Yadav’s remarks, particularly his invocation of religious symbols and rhetoric like “Jai Shri Ram” and references to Hindu gods, deepen the communal divide and manipulate voters through fear. By associating the Muslim community with threats to Hindu cultural identity, Yadav’s speech is accused of creating an environment of fear and distrust. This, CJP states, shifts the focus away from critical governance issues such as economic development and social welfare, undermining the democratic integrity of the electoral process.

To address these violations, CJP calls for immediate action from the Jharkhand State Election Commission. The complaint urges the Commission to issue a public censure against CM Yadav, prohibit his further participation in Jharkhand’s election campaign, and direct the Bharatiya Janata Party (BJP) to refrain from using communal rhetoric in their campaigns. CJP also requests the deployment of monitoring teams to ensure compliance with the MCC and prevent further divisive statements that could jeopardise the fairness and peace of the electoral process.

The complaint may be read below.

Complaint 2: BJP candidate Satyendra Tiwari promoting divisive rhetoric and undermining electoral integrity

The complaint filed by CJP against BJP candidate Satyendra Tiwari highlights his communal and inflammatory remarks made during a recent election campaign in Garhwa, which were widely circulated on social media. In the video, Tiwari is heard saying, “If your name is Taslim, I will not take your vote. I am asking for votes from people who worship devi-devta. Even if Taslims and Ahmeds vote, I will get them taken out from the EVM.” These remarks blatantly target the Muslim community, seeking to exclude them from the democratic process based on their religious identity. Such rhetoric directly violates the RPA and the MCC, which are designed to ensure fair and inclusive elections free from religious or communal influence.

CJP’s complaint argues that Tiwari’s remarks violate several provisions of the RPA, including Section 123(2), (3), and (3A). Specifically, Section 123(2) prohibits undue influence over the free exercise of voting rights, which Tiwari’s statement about excluding Muslim votes directly contravenes. Section 123(3) forbids appeals based on religion, and Tiwari’s appeal to only accept votes from those who worship “devi-devta” is a clear religious appeal to voters, undermining the democratic principle that elections should be based on policy, governance, and development, not religious identity. Additionally, Section 123(3A) prohibits corrupt practices, including promoting enmity or hatred between different communities to influence the outcome of elections. Tiwari’s divisive rhetoric, which directly targets a religious group, is a clear violation of this provision as well.

The complaint further elaborates on the harmful impact of Tiwari’s words on Jharkhand’s social fabric, which is home to a diverse population with multiple religious and ethnic communities. Jharkhand has faced communal tensions in the past, and Tiwari’s remarks threaten to exacerbate these divisions at a time when the state should be focusing on inclusive growth and peaceful elections. His statements encourage voters to make decisions based on religious identity, rather than on the merit of candidates or the policies they represent. Such divisive rhetoric undermines the unity of the state, and risks increasing religious tensions, voter exclusion, and disillusionment, particularly among the Muslim community.

Additionally, CJP highlights the risk of voter apathy and the potential for widespread mistrust in the electoral process. Tiwari’s comments create an atmosphere of fear, where specific communities feel alienated and discouraged from participating in the democratic process. By suggesting that Muslim votes would be disregarded, Tiwari undermines the very foundation of universal suffrage and fairness in elections. His remarks also threaten to disrupt the integrity of the Election Commission’s voting process, as they cast doubt on the neutrality of the EVMs and suggest manipulation of the vote count based on religious lines.

Lastly, the complaint urges the Jharkhand Election Commission to take immediate action against Tiwari. It calls for a thorough investigation into his comments, the imposition of penalties including potential disqualification from the election, and the strict monitoring of election campaigns to prevent further violations of the Model Code of Conduct and the Representation of the People Act. The complaint stresses the importance of maintaining a peaceful, inclusive electoral process that prioritises development, governance, and unity over divisive and discriminatory tactics that threaten the democratic fabric of the nation.

The complaint may be read below.

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The post Communal rhetoric in Jharkhand elections: CJP files complaint against MP CM Mohan Yadav and BJP candidate Satyendra Tiwari appeared first on SabrangIndia.

Details of the promises made in the MVA manifesto are discussed below:

Financial independence and support for women

To promote financial independence, the MVA has promised to introduce the Mahalaxmi Scheme, offering a monthly allowance of Rs. 3,000 to women. This scheme is designed to provide consistent financial support to women, particularly those from economically disadvantaged sections of society. The allowance will help women manage household expenses, contribute to family income, and enhance their personal financial security. This is especially beneficial for women in rural and semi-urban areas, where access to employment opportunities and financial resources may be limited. Additionally, women will be eligible for six cooking gas cylinders annually at a subsidised rate of Rs. 500 each, significantly reducing the burden of fuel costs—a significant expense for many families. This initiative ensures that women can allocate their finances toward other essential needs, ultimately empowering them to have greater control over household economics.

In addition to this, the MVA promises free bus travel for women, which is a crucial step towards ensuring the mobility and freedom of women in Maharashtra. Public transportation is often a barrier to women’s participation in work and educational opportunities, particularly in rural areas. By removing this financial barrier, the MVA is making it easier for women to access markets, workplaces, schools, and healthcare facilities. Furthermore, the promise of one-time financial support of Rs. 1,00,000 for girls at the age of 18 is a vital initiative aimed at helping young women make their transition to adulthood with financial support. This one-time benefit will support young women in pursuing higher education, skill development, or other opportunities that can lead to economic independence.

Promoting women’s health and safety

The MVA’s manifesto places a strong emphasis on the health and safety of women and girls across Maharashtra. The introduction of the ‘Nirbhay Maharashtra’ policy and the ‘Shakti’ law demonstrates the government’s commitment to protecting women and children from violence and ensuring their safety. The Nirbhay Maharashtra Policy aims to create a robust, multi-tiered system for preventing and responding to gender-based violence, with a focus on rural areas and quick response units for immediate action. The Shakti Law, on the other hand, strengthens legal frameworks to provide faster trials, harsher penalties for crimes against women and children, and dedicated victim support cells. Together, these initiatives promise a comprehensive approach to women’s safety, combining prevention, swift legal action, and social support, creating a state where women can live free from fear and violence. These policies aim to create a comprehensive legal framework that not only deters gender-based violence but also offers immediate support and protection to victims. The enforcement of the Shakti law will help strengthen the legal system to deal with crimes against women and children more swiftly and effectively. These initiatives are essential in making women feel safe in their homes, workplaces, and public spaces.

In addition to this, the promise of provided free cervical cancer vaccines for girls aged 9 to 16 is a landmark health initiative that targets one of the leading causes of cancer among women in India. This preventive measure will help reduce the incidence of cervical cancer in Maharashtra by providing free access to the HPV vaccine, particularly benefiting girls from underprivileged backgrounds who may otherwise not have access to this vaccine. Additionally, the MVA government promises two optional leave days for female employees during menstruation. This progressive policy acknowledges the health challenges that menstruation can cause, providing women with the time and space to rest without the worry of losing income or job security. It sets a precedent for gender-sensitive workplace policies that prioritise the well-being of women employees.

Further, the plan to establish safe, clean, and accessible public restrooms for women addresses a long-standing issue, particularly in urban areas. Safe and hygienic public toilets are essential for women’s dignity and health, especially when they are out in public spaces. This initiative will improve access to sanitation and ensure that women feel more comfortable and secure in public spaces.

Empowerment through education, employment, and skill development

The MVA’s initiatives also focus on empowering women through education, skill development, and employment opportunities. A key proposal is the introduction of self-defence lessons, which will be provided to young girls as part of the school curriculum. These lessons will equip girls with the physical and mental tools they need to protect themselves in situations of danger, contributing to greater self-confidence and security. Additionally, the establishment of a separate department for the empowerment of self-help groups (SHGs) is a significant step toward fostering leadership skills and economic independence for rural women. SHGs have been effective in empowering women by enabling them to pool resources, share knowledge, and engage in income-generating activities. The department will help expand the reach of these groups, provide them with market access for their products, and create opportunities for women to take on leadership roles in their communities.

The MVA’s commitment to building hostels for girls in each taluka is another important step toward ensuring that girls from rural and underserved areas can pursue education without worrying about accommodation. For many rural families, sending girls to distant schools or colleges is a challenge due to the lack of safe and affordable lodging options. By building hostels in each taluka, the MVA will provide a safe, convenient, and cost-effective solution, ensuring that young women have equal access to education, regardless of their geographical location.

Additionally, the MVA promises the formation of a dedicated Ministry for Child Welfare, which will focus on the holistic development and protection of children, particularly girls. This ministry will prioritise issues like access to quality education, health services, and protection from abuse, while also addressing the needs of children in vulnerable situations.

Equal pay and respect for women’s rights

The MVA government has committed to addressing economic disparities by pushing for equal pay for men and women in the unorganised rural sector. Women in this sector, particularly in agriculture and small-scale industries, are often paid significantly less than their male counterparts for the same work. By enforcing equal pay laws, the MVA aims to ensure that women are compensated fairly for their contributions, which will help reduce the gender wage gap in rural areas and foster greater economic equity.

The manifesto also includes measures to ensure that widows are treated with dignity and respect. Laws will be enacted to prevent forced adherence to harmful practices imposed on widows, such as social ostracism or forced isolation. These laws will protect widows’ rights and ensure that they are treated with respect and provided opportunities for economic empowerment. Additionally, the MVA aims to prioritise employment for widows and single women, creating targeted schemes to help them gain financial independence and reintegrate into the workforce.

To support women who have left the workforce due to family or personal reasons, the MVA promises to create special schemes to help them re-enter the workforce. These schemes will provide women with the necessary training, resources, and job placement opportunities to restart their careers and contribute to national progress.

Establishing safe and inclusive communities for all

The MVA government’s vision also includes the development of safe cities for vulnerable populations, including women, children, senior citizens, and people with disabilities. This initiative will focus on improving urban planning, infrastructure, and law enforcement to create safer public spaces, enhance accessibility, and provide protection to marginalised groups. This initiative reflects the MVA’s broader goal of fostering inclusive communities where everyone, regardless of gender, age, or ability, can live with dignity and safety.

The government also plans to regularly update the women’s policy every three years, ensuring that it remains responsive to the evolving needs of women in Maharashtra. This adaptability is crucial in ensuring that the policy stays relevant and effective in addressing the challenges that women face, particularly in rapidly changing social and economic landscapes.

MVA’s aim to build a Maharashtra where women thrive

The MVA’s manifesto for women reflects a comprehensive, forward-looking vision that places women’s health, safety, financial independence, and empowerment at the center of Maharashtra’s development. These initiatives aim to build a Maharashtra where women can move freely, access equal opportunities, and lead empowered lives. By addressing the multifaceted needs of women, this manifesto demonstrates a commitment to gender equality and the belief that women’s empowerment is essential for Maharashtra’s progress as a whole. With these reforms, Maharashtra has the potential to become a leader in gender equality, setting an example for other states in creating a just and inclusive society.

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The post MVA’s bold promise: A transformative vision for women’s empowerment in Maharashtra appeared first on SabrangIndia.

Former Malaysian Prime Minister Mahathir Mohamad is famous for his forthright statements to other world leaders. In March 1989, Mahathir wrote a letter to then UK Prime Minister Margaret Thatcher that was blunt even by his standards. Unlike a lot of his angry letters, this one wasn’t published.

Mahathir’s letter was about Salman Rushdie’s controversial book, The Satanic Verses. He wrote:

I do not think I am a Muslim fanatic. Yet I find I cannot condone the writings of Salman Rushdie in his book […] And I find the attitude of the “Western Democracies” most patronising, arrogant and insensitive.

In 2019, the UK government declassified many of its Foreign and Commonwealth Office (FCO) files on the diplomatic upheaval over the novel. Mahathir’s letter to Thatcher is one of hundreds of unpublished diplomatic documents I have seen in visits to the UK National Archives since then.

My full analysis of this letter, and Thatcher’s response to it, has just been published in the Review of International Studies. It is part of a larger project I am working on about The Satanic Verses crisis and what it tells us about the place of religion in international relations.

Interested in understandings of religion in global order?

David T Smith has a new article in @RISjnl ‘Religion and responsibility in international relations: Thatcher, Mahathir, and The Satanic Verses’

Watch a video summary and read the article here: https://t.co/ZuIVlBEyA6 pic.twitter.com/wK0MJ0ciNV

— BISA – British International Studies Association (@MYBISA) October 31, 2024

‘The strangest and rarest crisis in history’

The Satanic Verses, published in late 1988, was met with protests throughout the Muslim world, beginning in South Asian communities in Britain. Many Muslims felt Rushdie had insulted the Prophet Muhammad for the entertainment of Western audiences.

In early 1989, Iranian Supreme Leader Ayatollah Khomeini issued an extraordinary fatwa (or religious edict) calling for the death of Rushdie, a British citizen living in London. This led to a diplomatic standoff that the speaker of Iran’s legislature called “the strangest and rarest crisis in history”.

Khomeini, who was seeking to strengthen Islamic hardliners in Iran, urged “all zealous Muslims” to carry out his fatwa.

No other leader of a majority Muslim country supported the death sentence, which blatantly violated Britain’s sovereignty and international law. But Mahathir and others felt Western powers should ban The Satanic Verses to maintain good relations with the Muslim world.

The British government saw no reason to ban it. Rushdie and his publishers had broken no British law, as the country’s centuries-old blasphemy laws applied only to the defamation of Christianity.

Defending Rushdie’s life was, as Thatcher put it, “a simple matter”. Her government would not tolerate an Iranian incitement to murder a British citizen on British soil.

Defending his book, however, was more complicated. The British government would not ban it, but also wanted nothing to do with it.

An unusually strong and personal letter

On March 15 1989, Thatcher and Mahathir met in London to discuss matters such as arms deals and airport privatisation. The Satanic Verses issue came up only briefly, when Thatcher thanked Mahathir for his government’s “moderate” stance on the book. She explained that while she could understand the offence the book had caused, the “great religions” could withstand such attacks.

Mahathir reassured Thatcher his government would take no action beyond banning the book. He said he had set out his personal views on the affair in a letter, which he handed to Thatcher.

When her private secretary opened the letter later that day, he found it was “cast in exceptionally strong language that was not reflected in Dr Mahathir’s demeanour at the meeting itself”, according to another archival letter.

Mahathir was having none of the argument that Muslims should behave more like Christians when it came to tolerating insults to their faith. He wrote:

It is well to remember that Islam has been around only 1,400 years. The faith and fervour of the Muslims are as strong as the faith and fanaticism of the Christians of the 15th century.

Of course, our behaviour is also influenced by the mores of the time. We are more tolerant than the 15th century Christians. We do not have inquisitions, we do not burn heretics at the stake, we do not torture those who blaspheme, we do not hound the new Muslim sects as you did the Protestants, and we do not indulge in pogroms. Our behaviour is more civilised than Christians when Christianity was 1,400 years old.

Mahathir’s letter was very unusual for a diplomatic correspondence in that it did not mention either Malaysia or Britain. The “we” of his letter referred to Muslims, while the “you” referred to the West.

And the West, for Mahathir, was a Christian world, though he believed Christianity was enfeebled and decaying within it. He did not want Islam to suffer the same fate.

The West controls the world media and denies others access to it. The power is, of course, abused. […] The Muslims are a particular target. They are made out to be cruel brutes given to all kinds of savagery.

While the West claimed to believe in freedom of expression, according to Mahathir, it did not allow Muslims to defend themselves against what they considered “scurrilous misrepresentation”. Rushdie’s book was the final straw.

Your belief in this so-called ‘freedom of expression’ for one disillusioned and misguided man is stronger than your belief in the value of good relations with 1 billion souls.

In that case, he reasoned, the West could hardly blame Muslims for defending their own principles.

“Prime Minister,” he concluded, “I am much saddened.”

A disconnect between two world views

In another archival letter, Thatcher’s private secretary noted that British officials were “rather rocked by the severity” of Mahathir’s letter.

Thatcher instructed FCO officers to draft a “reasoned response” on her behalf. David Gillmore, former high commissioner to Malaysia, warned they must try to address Mahathir’s points or the reply would sound “condescending and supercilious”.

Written in Thatcher’s voice, the letter said she was “well aware of the distress” the book had caused Mahathir and many in the Islamic world. The reply avoided creating a perception the government was responsible for it.

I must emphasise that the British Government do not in any way condone or endorse Mr Rushdie or the content of this book.

Although freedom of speech was a principle of major importance, Thatcher insisted Britain was not seeking to impose its values on the Muslim world. The issue had “nothing to do with relations between Christians and Muslims”. Rather, it was one of national sovereignty and international law.

When it came to the heart of Mahathir’s complaint, Thatcher’s response resorted to language that was polite, firm and vague:

I was especially saddened to hear you suggest that the Western-controlled media made a particular target of the Muslim world. I cannot agree that this is the case. I believe that this century has seen a growing understanding between the nations, cultures and religions of the world. We must continue to work to improve that understanding.

The British government’s view was that states in the modern age could overcome differences once caused by religion. As such, Thatcher’s response would only represent Britain, not Christendom, despite the many symbolic and even legal ways the British state was still tied to Christianity.

This was one of the reasons Thatcher and Mahathir were doomed to talk past each other. For Western leaders, political authority had superseded religious authority in the 17th century. In diplomacy today, the things that mattered were sovereign states.

The leaders of Muslim countries also viewed sovereign states as important –they were the basis of their own legitimacy. And they had to defend the state against religious radicals who wanted to remake the world along classical Islamic lines.

But for leaders like Mahathir, who grew up in a British colony, religion was still a vital force in diplomatic relations. He viewed the Western insistence on a secular world order as a continuation of colonial dominance over the Muslim world.

The legacy of The Satanic Verses

We can see from this exchange how the British government wanted to distance itself from The Satanic Verses, even as it sought to protect Rushdie.

While many fellow writers, including Muslims like Naguib Mahfouz, leapt to the defence of Rushdie and The Satanic Verses, the book had few defenders in the British government. (One exception was Rushdie’s local MP, the future Labour leader, Jeremy Corbyn.)

In his recent memoir, Knife, Rushdie notes that he got a far more sympathetic response when he was nearly murdered in 2022 than when the fatwa was issued in 1989.

Despite the British government’s notable lack of support for Rushdie’s book, Muslims in Britain and around the world felt the political and cultural power of the West was aligned against them.

This continues to be important for understanding controversies around derogatory images of the Prophet Muhammad in the West. They are never just about the images. They are also about a global imbalance of power that goes back to colonialism.

Mahathir and Thatcher were mutual admirers of each other – and both can claim to have been their countries’ most transformative leaders of the past 50 years. Mahathir, now 99, is still active in Malaysian politics despite recurring health issues.

Mahathir’s anger in this letter did not reflect personal animus against Thatcher. It foreshadowed his future emergence as a global advocate of Islamist causes. His modernist brand of Islamism may well outlast Khomeini’s, despite the violent legacy of Khomeini’s fatwa against Rushdie.

David Smith, Associate Professor in American Politics and Foreign Policy, US Studies Centre, University of Sydney

This article is republished from The Conversation under a Creative Commons license. Read the original article.

The post 35 years after The Satanic Verses controversy, newly unearthed letters reveal some uncomfortable truths appeared first on SabrangIndia.

The Rationalist Tradition in Islamic Thought

The rationalist tradition in Islamic philosophy emerged in a context where diverse intellectual currents were converging. Philosophers such as Abū Bakr al-Rāzī and Ibn al-Hasan al-Tūsī engaged deeply with the works of Greek philosophers, particularly Aristotle and Plato, while simultaneously addressing the unique challenges posed by Islamic theology. This synthesis of Hellenistic philosophy and Islamic thought laid the groundwork for a rich discourse on natural rights and the moral foundations of law.

Among the notable figures is Ibn Bāja (d. 533/1139), who emphasized the importance of reason as a means to understand the divine order. His writings reflect a belief that human beings, endowed with reason, can discern natural laws that govern both the cosmos and human conduct. Similarly, Ibn Rushd(d. 595/1198), known in the West as Averroes, championed the harmony between religion and philosophy. His commentaries on Aristotle were pivotal in promoting rational inquiry as a legitimate path to understanding religious truths.

Another significant thinker, Ibn Tufayl(d. 581/1185), explored the implications of natural law through his philosophical novel Hayy ibn Yaqdhan. The story illustrates how a human being, through reason and observation, can arrive at knowledge of God and moral truths without the need for religious texts. This notion of self-discovery through reason underscores a broader rationalist perspective that transcends dogma.

The Development of Islamic Natural Rights

The contributions of these scholars culminated in the classical natural rights thesis, which posits that rights are inherent to human beings and can be discerned through reason. This idea resonates with contemporary discussions on human rights, highlighting a historical precedent for the recognition of individual dignity and moral agency within Islamic thought.

Rationalist jurists such as Ibn ‘Aqīl (d. 581/1185) and Fakhr al-Dīn al-Rāzī (d. 606/1209) further enriched this discourse by engaging with the ethical implications of natural law. They argued that justice is not merely a reflection of divine command but can be understood through rational deliberation. This perspective laid the groundwork for a more nuanced interpretation of Sharia that incorporated ethical reasoning alongside traditional jurisprudence.

The School of Illumination, founded by al-Suharwardy (d. 587/1191), introduced a mystical dimension to rationalism, suggesting that intellectual illumination could lead to a deeper understanding of divine truths. This integration of mysticism with rational thought provided a holistic approach to natural law, suggesting that moral truths could be accessed through both reason and spiritual insight.

The Decline of Rationalist Influence

Despite these significant contributions, the influence of rationalist scholars began to wane after the thirteenth century. A combination of political, social, and intellectual factors contributed to this decline. The rise of more dogmatic interpretations of Islam, particularly in the context of the Sunni-Shi‘i divide, led to a diminishing space for rationalist discourse. The establishment of orthodox schools of thought, which prioritized textual authority over philosophical inquiry, further marginalized the rationalist tradition.

During the Ottoman and Safavid periods, while some scholars made noteworthy contributions, their works often remained isolated achievements in an otherwise inhospitable intellectual environment. This is particularly evident in the writings of figures like Mullā Sadrā (d. 1641), who, despite his innovative synthesis of philosophy and theology, struggled to find a broader audience within a predominantly conservative milieu.

Reviving the Islamic Natural Law Tradition: The Role of Progressive Scholars

In recent decades, a new generation of progressive Muslim scholars has emerged, seeking to revive and expand upon the rationalist tradition of Islamic natural law. Figures such as Ebrahim Moosa, Hassan Hanafi, Muhammad Abed al-Jabiri, and Mohsen Kadivar  are at the forefront of this intellectual revival, each contributing unique perspectives that reflect a commitment to reason, ethical inquiry, and social justice.

Ebrahim Moosa: Bridging Tradition and Modernity

Ebrahim Moosa, a prominent scholar at the University of Notre Dame, emphasizes the importance of reinterpreting Islamic texts through a contemporary lens. He advocates for a contextual understanding of the Quran and Hadith, arguing that the application of Islamic principles must be responsive to modern ethical challenges. Moosa’s work encourages a return to the rationalist principles of natural law, asserting that human dignity and rights are inherent in Islamic teachings. By engaging with both traditional sources and modern philosophical discourse, Moosa seeks to create a framework for Islamic law that is both relevant and just in today’s world.

Hassan Hanafi: Philosophy and Social Change

Hassan Hanafi, an influential Egyptian philosopher, has been a vocal proponent of a rationalist approach to Islamic thought. His work critiques the rigid interpretations of Islam that have dominated intellectual discourse and advocates for a philosophy of liberation. Hanafi argues that Islamic natural law can provide a basis for social justice, human rights, and democratic governance. By emphasizing the need for a critical engagement with Islamic texts, he seeks to empower Muslim communities to reclaim their intellectual heritage and apply it to contemporary struggles for justice and equality.

Muhammad Abed al-Jabiri: Critical Rationalism

Muhammad Abed al-Jabiri, a Moroccan philosopher, has made significant contributions to the discourse on Islamic rationalism through his critical examination of Arabic thought. Al-Jabiri’s work focuses on the historical and cultural contexts of Islamic philosophy, advocating for a rationalist approach that moves beyond traditional dogmas. He argues that the revival of natural law theories can help Muslims articulate their rights and responsibilities in a modern context. By reinterpreting classical texts and integrating them with modern philosophical ideas, al-Jabiri aims to foster a more dynamic and critical engagement with Islamic thought.

Mohsen Kadivar: The Ethics of Governance

Iranian scholar Mohsen Kadivaroffers a contemporary perspective on Islamic ethics and governance, emphasizing the need for rationality in political and legal frameworks. His work critiques the prevailing interpretations of Sharia that often prioritize authoritarianism over justice and equity. Kadivar calls for a return to the ethical foundations of Islamic law, arguing that a rationalist approach to natural law can provide a robust framework for democratic governance and human rights. By advocating for an interpretation of Islam that prioritizes ethics and reason, Kadivar contributes to the ongoing dialogue about the role of Islam in contemporary political life.

Khaled Abou El Fadl: The Search for Beauty and Reason

Abou El Fadlemphasises the importance of ethical reasoning and the spirit of the law over rigid legalism, advocating for an interpretation of Islam that is both compassionate and context-sensitive.

Abou El Fadl critiques the dogmatic tendencies that can arise from a narrow interpretation of Islamic texts, arguing that such rigidity often leads to harmful consequences for individuals and communities. He encourages Muslims to engage with their faith critically and reflectively, emphasising that authenticity in Islam should be grounded in ethical considerations rather than mere adherence to tradition.

His scholarship highlights the necessity of understanding Islam as a living tradition that evolves with the times, allowing for diverse interpretations and practices that reflect the complexities of contemporary life. By advocating for a more inclusive and humane approach to Islam, Abou El Fadl challenges the notion that authenticity is merely about following established norms or historical precedents.

A Collective Effort Toward Renewal

These scholars represent a collective effort to revitalize the rationalist tradition within Islamic thought. By engaging critically with both classical texts and contemporary issues, they are forging a path that honours the intellectual legacy of earlier rationalists while addressing the complexities of modern life. Their work underscores the enduring relevance of natural law theories in articulating a vision of justice that is consistent with Islamic principles.

As they explore the intersections of faith, reason, and ethics, these progressive Muslim thinkers are not only contributing to academic discourse but also inspiring a broader movement within Muslim communities. Their emphasis on human rights, social justice, and ethical governance resonates with the aspirations of many Muslims seeking to navigate the challenges of the modern world while remaining grounded in their faith.

The Contemporary Relevance of Rationalist Thought

In recent years, there has been a resurgence of interest in the rationalist tradition of Islamic thought, with scholars seeking to revive these philosophical insights in the context of contemporary issues. Discussions on human rights, social justice, and ethical governance increasingly draw upon the foundational principles articulated by rationalist jurists. By revisiting their works, progressive Muslim  scholarscan advocate for a vision of Islam that embraces reason and ethical inquiry as central to its moral framework.

Moreover, the global discourse on natural law has opened new avenues for dialogue between Islamic philosophy and Western thought. The principles articulated by rationalist scholars resonate with contemporary debates on universal human rights, challenging the perception that Islamic thought is inherently opposed to rationalism or individual rights.

Conclusion

The rationalist scholars of the Islamic tradition laid the intellectual groundwork for a robust understanding of natural law and human rights in the contemporary period as exemplified by progressive Muslim scholars. Their contributions underscore the importance of reason in ethical deliberation and legal jurisprudence, offering a perspective that remains relevant in today’s discussions on morality and justice. The challenge now lies in fostering an intellectual environment that allows for the flourishing of reasoned discourse, ensuring that the legacy of these scholars continues to inform and enrich the moral landscape of contemporary Islamic civilization. The efforts of progressive Muslimscholars today further this legacy, demonstrating that the principles of natural law and ethical governance can thrive within the framework of Islam, ultimately contributing to a more just and equitable society.

Checkout Dr. Adis Duderija’s personal website at: https://dradisduderija.com/

A decades old patron of New Age Islam, Dr Adis Duderija is a Senior Lecturer in the Study of Islam and Society, School of Humanities, Languages and Social Science; Senior Fellow Centre for Interfaith and Intercultural Dialogue, Griffith University | Nathan | Queensland | Australia. His forthcoming books are ( co-edited)-  Shame, Modesty, and Honora in Islam  and Interfaith Engagement Beyond the Divide  (Springer)

Courtesy: New Age Islam

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In its complaints, CJP highlights specific instances where Sarma has allegedly called for support based on communal fears, suggesting that a BJP-led government would protect voters from a perceived demographic threat. Furthermore, Sarma’s rhetoric reportedly included calls for renaming places of Muslim origin, a symbolic action that, as per CJP, stigmatises an entire community and reinforces an “us versus them” mentality. CJP argues that these statements contravene Section 123(3) of the RPA, which prohibits communal appeals during elections. The organisation has urged the ECI to take action, including publicly censuring Sarma, restricting his campaign activities in Jharkhand, and deploying teams to monitor campaign speeches to maintain peace and electoral fairness throughout the state.

Complaint 1: Stoking Divisions through demands of place-name changes, communal remarks

CJP filed a detailed complaint with the State Election Commission against CM Sarma, citing inflammatory speeches he delivered during election campaigns in Jharkhand. CJP argues that Sarma’s speeches promote communal fear and divisiveness, with particular targeting of the Muslim community, which violates the MCC and key provisions in the RPA, specifically Section 123 that prohibits electioneering based on communal or religious sentiments. Delivered between October 24 and November 2, 2024, these speeches allegedly contribute to a charged and hostile environment in Jharkhand, a state with a diverse population that includes Hindu, Muslim, and Adivasi communities which is soon seeing elections.

CJP outlined specific instances of Sarma’s speeches in Palamu, Deoghar, and Jamshedpur, where he spoke of the Muslim population growth as a result of alleged illegal immigration from Bangladesh. Sarma’s rhetoric portrayed Muslims as “infiltrators” who threaten the cultural and demographic balance of Jharkhand, and he linked the BJP’s political victory with a pledge to deport these individuals. In Panki, Palamu, for example, he referred to rising Muslim demographics as a deliberate effort to destabilise local Hindu and Adivasi communities, framing the election as a fight to “drive out infiltrators” to protect “Sanatan Dharma.” CJP argues that these statements lack empirical backing and serve primarily to stoke fears, exacerbating communal divides.

In addition, CJP highlighted that Sarma’s rhetoric included provocative language regarding place names with Muslim origins, such as “Hussainabad.” Sarma implied that such names are incongruous with Jharkhand’s heritage and promised to change them if BJP wins, ostensibly to honor Adivasi leaders instead. This emphasis on renaming as a symbolic act against Muslim influence, CJP contends, promotes a divisive narrative that frames religious communities as incompatible with each other, fostering alienation and distrust. According to the complaint, such rhetoric pits communities against one another, manipulating cultural insecurities to influence voters.

CJP’s complaint emphasises that Sarma’s speeches go beyond electioneering by using fear-based messaging, promoting damaging stereotypes, and casting suspicion on the Muslim community. This tactic, CJP argues, shifts the focus of the electoral discourse from governance and development to communal identity, drawing attention away from vital issues such as infrastructure, economic growth, and social welfare. By invoking communal insecurities and fears, Sarma’s statements discourage voters from making informed decisions on policy matters, steering them instead toward identity-based voting, which undermines democratic integrity and civic cohesion.

In response to these serious concerns, CJP has requested immediate action from the Election Commission to safeguard Jharkhand’s communal harmony and electoral integrity. They urge the Commission to issue a public censure against Sarma, prohibiting him from further campaigning in Jharkhand, and to impose penalties on the BJP for allowing these divisive practices. CJP also suggests that the Commission deploy monitors to review campaign speeches throughout the election period to prevent further hate speech and polarising rhetoric. Through these actions, CJP aims to promote a fair, lawful, and inclusive electoral process that prioritises development over divisive identity politics.

The complaint may be read here.

Complaint 2: Incitement through Anti-Muslim Campaign Rhetoric

This complaint raises serious concerns over alleged inflammatory and communal statements made by CM Sarma during a Jharkhand election campaign rally on November 8, 2024. CJP contends that Sarma’s speech, in which he targeted the Muslim community by labelling them as “infiltrators” and suggesting they pose a threat to local demographics and safety, violates the MCC and sections of the RPA. CJP argues that these statements incite fear, spread religious polarisation, and disrupt communal harmony, undermining democratic principles that elections are meant to uphold.

The complaint specifies several instances in which Sarma used divisive language, describing Muslims as a demographic threat to Jharkhand’s Hindu and Adivasi populations and urging voters to support the BJP as a safeguard against “infiltrators.” These statements, CJP claims, amount to an appeal to religion for electoral gain, which contravenes Section 123(3) of the RPA prohibiting communal appeals in elections. CJP further argues that Sarma’s rhetoric portrays Muslims as illegitimate outsiders, creating a divisive mentality that encourages hate and distrust among communities.

CJP also outlines the potential impact of Sarma’s remarks on Jharkhand’s social fabric and electoral environment, arguing that his language manipulates voters through fear rather than engaging with real issues of governance. The complaint suggests that Sarma’s statements divert political discourse from constructive debate on policies and public welfare, shifting it toward identity politics that divides communities. This approach, CJP warns, undermines the democratic integrity of the electoral process by prioritising religious polarisation over unity and dialogue.

In light of these violations, CJP urges the Jharkhand State Election Commission to take immediate action, including issuing a public censure of Sarma, prohibiting his participation in further campaigning in Jharkhand, and directing the BJP to refrain from communal appeals. Additionally, CJP requests the deployment of monitoring teams to review campaign speeches across Jharkhand to ensure compliance with the MCC and maintain an environment of peace and fairness throughout the electoral process.

The complaint may be read here.

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CJP seeks action against BJP leaders for alleged hate speech amid Jharkhand polls

MCC Violation: Thane police booked hate offender Kajal Hindustani following CJP’s Complaint

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