Petition highlights violation of Supreme Court order and demands action

The case, brought forward by Jabalpur resident O.P. Yadav, raises concerns about administrative integrity and calls for the removal of temples in police stations, citing Supreme Court rulings prohibiting the construction of religious structures in public spaces, especially state offices. Yadav, represented by lawyer Satish Verma, had argued that police stations, as public offices, should not accommodate religious edifices, as this violates the Supreme Court’s directive and raises questions about the separation of religion from state institutions. The petitioner has urged the court to initiate disciplinary action under civil service regulations against the SHOs who permitted these constructions. A hearing has been scheduled for November 19, 2024, when state officials are expected to respond to the notices.

Interim stay on temple constructions and broader implications for state neutrality

In response to the petition, a division bench comprising Chief Justice Kaith and Justice Vivek Jain issued an interim stay on further temple construction within police station premises across Madhya Pradesh. This order reinforces the Supreme Court’s guidelines aimed at maintaining secularism in public administration by barring religious installations in state institutions. According to Yadav’s petition, the presence of temples within police stations signifies an unwarranted religious influence within the executive branch, which he argues undermines the impartial role of law enforcement agencies. Photographic evidence submitted by Yadav depicts temple structures within police compounds, spotlighting a recurring issue of religion entering public administration—a practice that could erode constitutional values by compromising the secular nature of government agencies.

This case has significant implications for upholding the separation of religion from governance, a cornerstone of India’s secular constitutional framework. Government institutions, including police stations, are intended to serve citizens impartially, free from religious symbols or affiliations. By allowing religious structures like temples on state premises, the neutrality of these institutions could be compromised, potentially creating perceptions of bias or favouritism. This not only contravenes the Supreme Court’s directives against religious sites in public spaces but also risks encouraging demands for representation from other faith groups, turning government offices into spaces of religious contention rather than service and justice.

The judiciary’s intervention underscores the importance of secularism in preserving social cohesion and public trust. Upholding secular principles in state institutions is essential to ensure that every citizen feels represented and protected by an impartial administration. A clear boundary between religion and governance strengthens public confidence in equal treatment before the law and reinforces the state’s commitment to the rights of all citizens, regardless of faith. This case, therefore, could set a vital precedent, affirming the need for government institutions to prioritise constitutional values over religious affiliations, preserving their role as inclusive and unbiased entities in a diverse society.

The order may be read here:

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The post MP: High Court temporarily stops temple construction in police stations, questions legality on government land appeared first on SabrangIndia.

How did colonialism affect South Asia in particular? South Asia was predominantly a feudal society, ruled by the landlord-Kings legitimised by the clergy. The British succeeded in colonising most parts of South Asia, Indian subcontinent in particular. Their primary focus was on plundering its wealth and creating markets for its goods being produced in England. It had to lay the structure of a colonial state in which transport, education and foundations of modern administration were laid down. Incidentally they also supported eradication of some of inhuman practices like Sati. For other reforms the likes of Jotirao (Jyotirai) Phule, Savitribai Phule, Ambedakr and Gandhi moved mountains to bring in reforms and cultural changes.

The culture of a society is not a static thing. It did start changing in multiple ways during the colonial period. While a blind aping of the West was a small part of cultural change, the major accompanying part was for the journey towards a society with equality. These were baby steps towards the culture of industrial-modern society in India. This was looked down by the right-wing conservative political forces like Muslim League, Hindu Mahasabha and RSS, the communalists, as being Western values. They were essentially piqued by the journey towards equality of the downtrodden, they were opposed to it and they labelled it as being ‘Western’.

Along these lines they called the Indian Constitution, embodiment of India’s political culture, as being based on Western values. One recalls that the ideologues of Hindu right were totally opposed to the ideology which talks of equality. In opposition to this they harp on Holy books like Manu Smriti, which were talking of inequality of caste and gender. Interestingly those social forces which had roots in feudal power structure stuck to the ‘anti-Western narrative’. At the same time they collaborated with the colonial rulers. Interestingly, it was a vibrant national movement –that was diverse and varied—that was shaping the culture and also opposing colonial rulers.

One recalls the ‘Muslim Brotherhood’ (West Asia) at this point as yet another example. It also calls the democratic culture and values as Western import and tries to impose dictatorial norms and social inequality in the name of Islam. In India Hindu right wing seeks to oppose equality as being a Western import. The opposition to the values of Indian Constitution is also couched in the garb of opposition to Colonial culture and is propagated as glorification of ‘Indian Culture’.

So what is being called as opposing colonial culture at times is the culture which bases itself to oppose fraternity and justice. Justice for all, irrespective of caste and gender, has been the goal of emerging Indian democracy; this gives space to pluralism and diversity. Amongst the post-colonial states India had the best political journey till a few decades ago. This was also accompanied by a culture, which had continuity and change. This was reflected in the life patterns promoted by the likes of Gandhi and Nehru, Subhash Bose and Maulana Azad, to name a few. This was an attempt to tune the culture which is compatible with democratic values.

The spree of temple related events is accompanied by the assertion that this is the decolonisation of culture! Also the impression being created that the inauguration of the temple in Abu Dhabi is the first one in the ‘Muslim countries’ of West Asia is totally false. One knows there are many temples in the region, UAE, Muscat, Bahrain and Oman to name the few. As the global migrations take place driven of Indians by economics in this case, these migrations are and have been accompanied by the temples in the region. We also recall there are many temples in our neighboring Muslim countries. Dhakeshwwari temple in Bangladesh is well known and we also recall that apart from other existing temples in Pakistan, Lal Krishna Advani had visited Pakistan to inaugurate renovated Katasraj Temple.

The glorification of Modi for ensuring the construction of a Hindu temple is unwarranted. To assert that by inaugurating temples in India and in Abu Dhabi, Modi is showing the conviction to bring in decolonisation is totally misplaced. In India, is was the diverse and varied freedom movement driven by Asivasi agrarian movements first, then workers, famers and the urban middle class and elite thereafter, that undid the impact of colonialism. Roots of progressive social steps and progressive writings, theatre ran parallel with national movement. Post-Independence the process continued with Nehru’s encouragement of scientific temper and Ambedkar’s well drafted Indian constitution.

India did not get subdued by colonial culture in totality. What we are facing today is the promotion of sectarian religiosity and conservatism over the past few decades. Since politics is stalking the streets in the garb of religion, our culture is coming under the attack from conservative and orthodox values. The hilarious example of this is the opposition by BJP associate VHP and company legally challenging the forest department to let the lion Akbar cohabit the lioness Sita.

As far as Abu Dhabi is concerned, not only Abu Dhabi but the whole of West Asia has suffered the onslaught of orthodox values due to promotion of Islamic fundamentalism by the United States of America. In pursuit of its control over oil resources, it has overthrown the democratically elected Government of Mossadegh in Iran in 1953 paving the way for fundamentalist regime in due course. Later it was instrumental in propping up Madrassas in Pakistan to train Mujahedeen, Al Qaeda with huge funding and also supplying them with armaments. It was this whole American intervention that shifted the West Asian culture towards a retrograde one. The inauguration of the temple in Abu Dhabi in no way can undo the cultural damage done to West Asia by the global forces with an infinite ‘hunger for oil’.

Temples are one part of culture. The definition of culture, however, has to be much broader than just temple related events.

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The post Modi’s engagements with Temple Events is not Decolonisation appeared first on SabrangIndia.

The petitioners claim that the respondents engage in illegal activities in the temple without permission from the appropriate authorities. The petitioners argue that the RSS and other members of the organization are using tobacco products on temple grounds, endangering the cleanliness, purity, and divinity of the sanctum. “The unpleasant smell emanating by the usage of the above products by the 6th and 7th respondents along with their henchmen is causing great discomfort to the devotees visiting the temple, especially senior citizens, women and children,” the plea stated, as reported by the LiveLaw.

Furthermore, the petitioners claimed that the respondents yelled loud slogans as part of their mass drill/weaponry training, disturbing the temple’s tranquil and serene ambience.

The petitioners also claimed that on March 30, 2021, the Devaswom Commissioner had issued a circular ordering all officers of the board involved to stop/prevent mass drills/weaponry training on the board’s premises. Following that, the petitioners filed a complaint with the temple’s Administrative Officer, but no action was taken, as provided by the LiveLaw.

It was further submitted that the Devaswom Commissioner issued another circular in unequivocal language demanding for strict enforcement of the previous circular, but violations continued, according to the petition.

The petitioners have thus asked the Court to hold the respondent authorities’ duty bound and responsible for ensuring that the temple and its premises are only used for devotional purposes and to protect the petitioners’ right to worship, which is guaranteed under Article 21 of the Indian Constitution.

Hindutva outfits- firearm training, sword fighting and trident distribution

Far-right extremist and fascist outfits have been indulging in organizing various arms training camps, sword fight event and trident distribution event since many year all over India. Several reports have surfaced where RSS backed and related fringe outfits, such as the Vishwa Hindu Parishad (VHP) and Bajrang Dal, have been organising such illegal event and camps in different parts of the country, disguising them as self-defence activities for Hindus. It is essential to note that it’s not just the men who are trained in “self-defence”. Durga Vahini, another unit of the VHP, organises similar camps for women. 

In the beginning of June, Citizens for Justice and Peace (CJP) had reported upon the military style parades being organised in Rajasthan, all of which were allowed by the Rajasthan police. As per the CJP’s report, out of the total of 33 districts in Rajasthan, in at least 13 districts the Bajrang Dal and Vishwa Hindu Parishad had been hyper active, organising their brand of Trishul Diksha Samaroh. In the last few months, multiple reports on such incidents have surfaced:

1. Chittorgarh, Rajasthan: On May 30, a video surfaced on Twitter whereby Vishwa Hindu Parishad and Durga Vahini had organized the firearm training for Hindu girls. In the video girls were seen donning an orange dupatta and firing from rifles at empty glass bottles and towards the end of the video the girls in training were seen chanting ‘Jai Shree Ram’.
2. Jodhpur, Rajasthan: On May 26, a training session was organised by Durga Vahini, aimed at training young girls in self-defence and martial arts. In the video the girls can be seen using rifles, sticks as well as being taught martial arts. The representative of Durga Vahini, while speaking to the reporter of ABP Live, said that the training was being conducted in using sticks and rifles as well and that the training session would last for 7 days in Saraswati Vidya Mandir and was being imparted to 200 girls.
3. Shajapur, Madhya Pradesh: Vishwa Hindu Parishad (VHP) and Durga Vahini organised a weapons training camp for minor and young girls calling it “Shourya Prashikshan Varg” (Bravery training class) from May 7 to May 14.  It could be seen on the video that these young girls were given a rifle in their hands as well as long sticks and taught to fight with them on an open ground. This was organised on Sardar Vallabhbhai Patel Hostel ground in Shujalpur and more than 500 girls were given the training.
4. Nagpur, Maharashtra: On May 2 and May 9, two trident distribution event were organised by the Vishwa Hindu Parishad and Bajrang Dal extremist outfits, where the participants had owed allegiance to Hindutva. At these events, in addition to distribution of tridents amongst men, hate speeches where delivered exhorting Hindus to take up arms. In one of the hate speeches delivered here, the speaker had given openly giving calls for using the said trishuls to stop “love jihad” and religious conversions.
5. Multiple cities and districts, Rajasthan: A total of 7 incidents came to light in the month of April where tridents were distributed at events organised by Bajrang Dal and VHP.
6. Mount Abu, Rajasthan: A weapon training program was organised by the Bajrang Dal from April 13-15, 2023 known as the Rashtriya Shikshak Prashikshan Varg (National Teachers Training camp). Videos also surfaced from the camp, showing men getting trained in how to use a rifle. It was alleged that the training was being given under the leadership of far right leader and known hate offender Pravin Togadia.
7. Vadodara, Gujarat: On February 28, VHP and Bajrang Dal distributed trishuls to over 130 young men. Viral Desai, of VHP Southern Gujarat, while speaking to the media, said that the trishuls were distributed to Hindu men after giving them complete information about it and what is the necessity of a trishul in Hindu homes. The organisers further said that the young men were administered an oath to use the trishuls responsibly and to worship it at home and use it to protect Hindu society, women, cows and saints.

VHP and Bajrang Dal leaders have often said that Indian democracy “needs to be run by Hindu values, though all communities are welcome to live in India”. These Hindu extremist groups have an infamous track record of unleashing brutal violence against Muslims, and have been illegally conducting firearms training camps for their members across Uttar Pradesh, Gujarat, Maharashtra, and Madhya Pradesh states since many years. Giving weapons is the hands of those violent Hindu supremacists who have been threatening the minority community of Muslims with mass slaughter and genocide is a grave cause of concern.

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VHP leader promises free ‘licenses’ swords, knives and sticks after ‘training’

The post Plea in Kerala HC alleging illegal encroachment in temple by RSS appeared first on SabrangIndia.

One more violent attack on a Dalit man to prevent him ebtering a temple has been reported from the Uttarkashi district of Uttarkhand illustrating how temple entry remains a source of bitter exclusion for Dalits. A man was allegedly assaulted by a group of people and singed with burning sticks when he entered a temple to offer prayers at Salra village in the Mori area of Uttarkashi district, police have stated, according to PTI..

The incident took place four days ago, on January 9 when 22-year-old Ayush, a resident of Bainol village, visited the temple, they said.According to the victim’s complaint to the police, some people belonging to the upper caste assaulted him at the temple, tied him up and singed him with burning sticks throughout the night. Ayush was then rushed to the primary health centre on January 10 from where he was referred to another health facility for better treatment, officials said.

In his complaint to the police, Ayush clearly stated that the attackers were angry as he entered the temple despite being a Dalit. Based on the complaint, a case has been registered under the SC/ST Act against five villagers, Uttarkashi Superintendent of Police Arpan Yaduvanshi said, adding Circle Officer (Operation) Prashant Kumar has been assigned the job of investigating the matter

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The post Dalit man assaulted with burning stick for entering temple in Uttarkashi appeared first on SabrangIndia.

A woman was allegedly beaten up for entering a temple in Amruthalli in Bengaluru, Karnataka. As per news reports, the 65-year-old man in charge of the temple, who beat her, has been arrested.

While some publications claimed she is a dalit and even the woman appears to have spoken to the media that the accused hurled casteist abuses at her, the police have told a few media portals that the woman is of unsound mind and is not a dalit, reported Deccan Herald.

The incident took place in Lakshmi Narasimha Swamy temple in Amruthalli. Munikrishnappa, the accused, has alleged that the woman tried to enter the sanctum sanctorum and insisted on sitting next to the idol and when he denied, she spat on him and hence he beat her up.

However, the incident has been caught on CCTV camera and the video footage has been circulated on social media.

This is from #Bengaluru, #Karnataka.

Dalit women Assaulted By Temple Administration Board Member, And Restrict Her to Entered Gods Darshan.

Victim Filed Complaints Against Accused at Amrtuhalli Police Station.#Bangalore #Amrtuhalli #Dalit #Casteism #DalitLivesMatter pic.twitter.com/OUnhdaXXcx

— Hate Detector ? (@HateDetectors) January 6, 2023

It can be seen in the video that the man mercilessly beat her up and dragged her out of the temple. Further, the external CCTV caught the man wielding a stick and threatening to beat her up while another man in a priest outfit was also seemingly heckling her.

“I was inside the temple when Munikrishnappa abused me saying, ‘I never take bath and will not be allowed to take darshan.’ Holding my hair he dragged me outside where he beat me up. Munikrishnappa threatened to kill me and my husband if I spoke about the incident to anyone,” she said in her complaint as per a Times of India report.

The incident took place on December 31, however the CCTV footage was received later, that is when the woman filed the complaint and the accused was arrested on January 7. The police registered an FIR under IPC sections related to assaulting and threatening a woman with an intent to outrage her modesty, voluntarily causing hurt, intentional insult and criminal intimidation.

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The post Karnataka: Woman beaten, dragged out of temple, shows CCTV appeared first on SabrangIndia.

Followed by the Hijab controversy, the Muslim minority are now being banned from conducting business at temple fairs in Karnataka. What first started in Marikamba temple in Shivamogga has now been followed suit by other temples in Dakshina Kannada, Hassan, Tumukur, Chikkamagalur and other districts.

Reportedly, banners have been put up outside some of these temples urging them not to lease stalls to Muslims. According to The Print, “Hindutva organisations including the Vishva Hindu Parishad (VHP), Hindu Jagarana Vedike, and the Bajrang Dal have been submitting memorandums to temple authorities, municipal officials, and town councils, calling for a ban on Muslims setting up shops and stalls.”

The issue came to light when it was raised during zero hour in the State Assembly by Congress Member of Legislative Assembly (MLA) UT Khader on March 23, 2022. The Karnataka State government made a statement in defence of the said ban by citing Rule 31, sub-rule 12, of the Karnataka Religious institutions and Charitable Endowment Rule 2002, which bans the leasing of land or buildings near temples to non-Hindus.

As per Rule 31(12) of the Hindu Religious Institutions and Charitable Endowments Rules 2002, “No property, including land, building or sites situated near the institution (temple) shall be leased out to non-Hindus.”

Citing the Karnataka Religious institutions and Charitable Endowment Act, 2002, State Law Minister, JC Madhuswamy reportedly stated in the Assembly, “If these recent incidents of banning Muslim traders have occurred outside the premises of the religious institutions, we will rectify them. Otherwise, as per norms, no other community is allowed to set up shop on the premises.”

What seems like a defence to JC Madhuswamy’s statement, Karnataka Chief Minister Basavaraj Bommai reportedly stated, “During such jathras (religious fairs), there are a lot of shops that are sub-leased. These people who take up the lease from the temple management board would do it for money. This is something that the government cannot interfere in. When it is such cases, we will look into the laws as well as the facts of the case.”

In sharp contrast to the stance of his party in Karnataka and elsewhere and the ruling government on the issue, BJP leader AH Vishwanath has spoken sharply and vociferously against these brazen attempts to not just deny Muslims their livelihood but on the political moves to create social divisions and schisms. The former Congress leader who is now a Member of Legislative Council (MLC) said, “No God or religion preaches these kinds of things. Religions are inclusive and not exclusive”, adding to this he has stated, “This is a very sorry state of affairs. The government must take action or there will be a reaction from the people. People need livelihoods to feed themselves and cloth themselves and if there is no means of livelihood then what is the point of democracy, religion, caste — throw it all away. When there is no means to buy food, what are we searching for in this world”

With a brazen confidence, a serial hate offender with a history of making misogynistic statements, and even encouraging violence against women as witnessed during the infamous Magalore pub attack in 2009, Sri Rama Sene chief Pramod Muthalik said that the ban would continue until Muslims stopped eating beef, reported The Telegraph.

Leaving no stone unturned to inculpate the Opposition, the BJP led state government argued in the Assembly that the said rules banning lease of land or buildings near temples to non-Hindus were framed in 2002 when the Congress was in power.

Explaining the raison d’etre behind framing these rules in 2002, former chief minister SM Krishna who was with the Congress reportedly stated, “While non-Hindus were not allowed to do business near temples, Hindus were also not allowed to do business near mosques or churches. This was done to help vendors of respective faiths and not on religious lines.”

What is of particular concern however, is that there appears to be a pattern behind such calls for socio-economic boycott that have taken a particular turn in Karnataka, a state that goes to the polls next year. Other parts of India and within Karnataka too, have been a series of incidents reported that show that Muslim vendors and traders are not just being banned from temple fairs but are also being illegally kept out of streets that lead to the temples. This is a serious and calculated assault on their livelihood and a direct violation of Articles 14, 15(1) and 15(2) of the Constitution.

What is the Religious Institutions and Charitable Endowment Act, 1997, and how was it erroneously applied?

As explained in the (said) legislation’s statement of objects and reasons, the State Government of Karnataka decided to enact a new law to replace several local Acts to bring about “uniformity” in the matter of regulating all Charitable Endowments and Hindu Religious Institutions in the state. This was in 1997.

A similar law had been enacted in a few other states decades earlier. For example, in Tamil Nadu (1959), Madras (1951) and Andhra Pradesh (1987) for the same purpose, i.e. for the administration and regulation of temples and the endowed properties attached thereto.

A close reading of the Karnataka law, reveals its intention, to ensure better administration, protection and preservation of temples and the endowed properties attached thereto, so that the substantial assets donated by believers as part of ritual charity –in good faith– do not get misused.

Significantly, Rule 31 of the Karnataka Hindu Religious Institutions and Charitable Endowments Rules, 2002 only talks about the terms of the lease and renewal of immovable property of a notified institution that comes under the Act. Sub-rule 12 under Rule 31 imposes the restriction for the long-term leasing of an immovable property – land, building or area which is located near a Hindu institution or temple to non-Hindus.

The People’s Union for Civil Liberties (PUCL) Karnataka has written to both Karnataka CM Bommai and Governor Thawar Chand Gehlot stating, “(It is) a deliberate misinterpretation of the provision, as Rule 31 only deals with long-term leases of immovable property owned by a temple (up to 30 years for land, and five years for shops and buildings). It does not deal with the short-term licences which would be used to allot stalls or spaces to vendors during a festival. The matter in question here is not of leasing out immovable property but allocation of such short-term licenses for temporary instalment can be dismantled.”

Bangalore based advocates Arvind Narain and Shujayathulla, both Presidents of PUCL Karnataka and Robin Christopher, general secretary, have in this representation pointed out a distinction between a lease and a licence. Moreover, the PUCL representation calls out the boycott for its unconstitutionality.

“The boycott calls are sought to be given a fig leaf of legitimacy by referring to Rule 31(12) of the 2002 Rules of the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997, which state that no property, including land, building or sites situated near the institution shall be leased out to non-Hindus. However as Senior advocate Chander Uday Singh pointed out this is a deliberate misinterpretation of the provision as Rule 31 only deals with long-term leases of immoveable property owned by a temple.  It does not deal with the short-term licences which would be used to allot stalls or spaces to vendors during a festival. Rule 7 also specifically prohibits sub-lease, leading one to the conclusion that the contract temple authorities enter into with traders can only be a licensing agreement. 

However, going beyond the question of whether the temple actions are justified by the rule 31(2) cited by the Hon’ble law minister, the larger questions is the constitutionality of the same. Both economic boycott and calling for economic boycott is violative of the constitutional promise of non-discrimination enacted in Article 15. Article 15, explicitly prohibits discrimination on grounds of religion, besides race, caste, sex or place of birth. Article 15(2) further proclaims that no citizen be subject to any ‘restriction’ with regard to ‘access to shops’, ‘maintained wholly or partly out of State funds or dedicated to the use of the general public’.

The representation also states that, “A lease is akin to a permanent transfer of rights as far as property is concerned. So, the concept of sub-leasing exists. A licence is a temporary transfer of property. You do not acquire any ownership rights under a licence.” Therefore, the said boycott of Muslim vendors is not justified under the law.

Recalling that Dr BR Ambedkar was a vociferous opponent of social and economic boycotts noting that it was a form of ‘tyranny of the majority’. In Ambedkar’s words, “The method of open violence pales before it, for it has the most far reaching and deadening effect.” It is more dangerous because it passes as a lawful method consistent with the theory of freedom of contract. Warning that such a trend as seen in Karnataka and other parts of India could lead to widespread exclusion even crimes against humanity like in Rwanda and Hitler’s Germany, PUCL calls on the government of Karnataka to:

1. Immediately withdraw of all such decisions Immediately withdraw the decisions, and ensure that Muslims and persons of all religious communities are provided an equal space and opportunity to carry out their businesses during all days of the festivals;
2. Immediately initiate criminal action against the organizations pressurizing and attempting to cause an economic boycott of Muslim businesses;
3. Ensure that immediate measures are taken to restore and maintain communal harmony across Karnataka as required by the Communal Harmony Guidelines, 2008 issued by the Ministry of Home Affairs, including keeping organizations that undermine communal harmony under scrutiny and taking appropriate action against them;
4. Clarify that the statements made by elected representatives erroneously interpreting the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997 to legitimize the unconstitutional act of discrimination on grounds of religion.

The entire PUCL representation may be read here:

Where the Muslim minority is similarly discriminated against in other states of India

Uttar Pradesh

In Uttar Pradesh, right-wing Hindutva groups are often seen harassing and taking away the livelihood of Muslim minorities. During the State Assembly elections, Muslim vendors were forced to shut down their small daily-wage works, beaten and harassed by the said groups. While some were forced to change their stalls’ names, some faced intimidation and violence. In January 2021, mass gathering were openly called upon by Swami Anand Swaroop in a Hindu Sabha Meerut wherein hereportedlyasked the people to “boycott Muslims from social, economic and political bases so far that they themselves get converted to Hindu.”In another instance, Legislator Suresh Tiwari from Deoria town in the northern state of Uttar Pradeshreportedly said amidst the crushing economy during the pandemic, “Keep one thing in mind. I am telling everyone openly. There is no need to buy vegetables from ‘miyans’ [Muslims].”

Delhi

On March 23, 2022, previous participants in the infamous at Dharma Sansad in Haridwar, Uttarakhand in December 2021, Swami Jitendranand Saraswati and Vinod Sharma, were seen addressing a crowd of persons watching the film ‘The Kashmir Files’. He not only attempted to spread anti-Muslim sentiments and accused Muslims of dividing the country. This right-wing proponent spread this hate in front of young children addressing them to pick up arms to protect themselves.On March 22, 2022, a video of Vinod Sharma’s aides went viral on social media asking audience to boycott Muslim vendors and break their economic backbone. Around this time, a hotel in Delhi, the capital, denied accommodation to Kashmiri man on a hypothetical idea of ‘Kashmiri a crime” created by ‘Kashmir files’ movie.

Haryana

In Haryana, 23 “upper” caste persons have been booked for calling for an all-out boycott of more than 150 Dalit families. In Chhatar village, a Panchyat (council/gathering) dominated by the “upper” castes was called, in which it was collectively decided to boycott the ration (food supplies) and access to free movement (transport) to Dalit families living there. This was nothing short of coercive pressure on the Dalit community to withdraw a case filed against atrocities and abuse.SabrangIndia had reportedthis case of “upper” castes’abuse of the Dalit community.

Chhattisgarh

In Surguja district, there has been mass gatherings of Hindutva group taking an oath of communal discrimination.

Madhya Pradesh

In Pelampur, banners have been reportedlydisplayed banning entrance to the Muslim vendors inside the village.

Violation of Constitutional provisions

What is both crucialand interesting to note is that –be it Karnataka or elsewhere –the granting of such short-term licenses to Muslim traders was never an issue until now. Since 2002, no Muslim traders have everbeen prohibited from setting up stalls near Hindu pilgrimage sites or during festivals. This brazenly exclusionary and violent trend is clearly linked to the rise of the right-wing in politics; a trend made more dangerous by the fact that this surge in majoritarianism is used to reap electoral benefits. A meek Election Commission has not enforced its statutory powers to ensure non-partisan campaigning and a far from assertive judiciary has not stepped in either.

In a nutshell, the said call for boycott and boycott both violate fundamental rights conferred under articles 14, 15, 19 and 21 of the Constitution of India.

Articles 21, 14 and 15 both guarantee that every person has the right to life, equality and non-discrimination. Article 19 ensures freedom of movement and the right to undertake economic activity. While Article 14 says that the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India, Article 15 prohibits discrimination on grounds only of religion, race, caste, sex, place of birth. Further under article 15(2), no citizen shall be subject to any restriction or condition with regards to access to shops or the used of roads and places of public resort maintained out of state funds or made for the use of general public, merely on the basis of religion, race, caste, sex, place of birth or any of them.

1. Equality before law—The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.
2. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth—(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.

(2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to— (a) access to shops, public restaurants, hotels and places of public entertainment; or (b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public.

The said boycott also violates the freedom of the Muslim citizens to carry on any occupation, trade or business as provided under article 19 of the Constitution.

1. Protection of certain rights regarding freedom of speech, etc.—(1) All citizens shall have the right— (g) to practise any profession, or to carry on any occupation, trade or business.

The economic boycott of Muslim citizens also violates their right to life under Article 21.

1. Protection of life and personal liberty—No person shall be deprived of his life or personal liberty except according to procedure established by law.

In the case of Maneka Gandhi v. Union of India 1978 [AIR 597, 1978 SCR (2) 621], the Supreme Court had held that the right to life is not merely a physical right but includes within its ambit the right to live with human dignity. Elaborating on the same the Court in Francis Coralie v. Union Territory of Delhi 1981 [AIR 746, 1981 SCR (2) 516]observed:

“The right to live includes the right to live with human dignity and all that goes along with it, viz., the bare necessities of life such as adequate nutrition, clothing and shelter over the head and facilities for reading writing and expressing oneself in diverse forms, freely moving about and mixing and mingling with fellow human beings and must include the right to basic necessities the basic necessities of life and also the right to carry on functions and activities as constitute the bare minimum expression of human self.”

The systematic targeting of the Muslim minorities over the time by politically powerful, right -wing Hindutva groups is also endangering their rights conferred under article 15 and 29 of the Constitution. While article 25 provides freedom of conscience and the right to profess, practise and propagate religion to all persons, article 29 protects the interests of minorities by giving them the right to conserve their language, script or culture of its own.

1. Freedom of conscience and free profession, practice and propagation of religion—(1) Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion. (2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law— (a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice; (b) providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus.
2. Protection of interests of minorities—(1) Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same.

Moreover, as per the Directive Principles of State Policy, the Constitution aims to create a socio-economic condition for the citizen of India to lead a good life. Under Article 38, the Constitution directs the state to promote social and economic welfare of the people and Article 39 the Constitution directs the State to formulate policies that secure people’s right to adequate means of livelihood.

1. State to secure a social order for the promotion of welfare of the people—1 [(1)] The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life. 2 [(2) The State shall, in particular, strive to minimise the inequalities in income, and endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations.
2. Certain principles of policy to be followed by the State.—The State shall, in particular, direct its policy towards securing— (a) that the citizens, men and women equally, have the right to an adequate means of livelihood; (b) that the ownership and control of the material resources of the community are so distributed as best to subserve the common good; (c) that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment;………

Legal precedents

In a recent and similar case(TM Rabbani vs. G Vaani Mohan & Ors), in December 2021, the Supreme Court had stayed a similar rule existing in Andhra Pradesh. The Court has stated, “We direct that none of the tenants/shop holders shall be excluded from participating in the auction or from the grant of leases including in the shopping complex on the ground of their religion.” The Court admitted that “it was impermissible for the State to either exclude the license holders from participating in the auction or from being granted leases, including in the shopping complex constructed by the State on the ground of religion”.

The special leave petition had been filed in Supreme Court against the order of Andhra Pradesh High Court who ruled against the Muslim minorities stating“…… the alleged acts of non-Hindus would cause serious inconvenience to worship deity by Hindus, as such to protect the interest of Hindu worshippers of deity and to avoid any amount of inconvenience or any prejudice to their interest; the State issued such rules inconsonance with the Act itself. Hence, we find no force in the argument of the learned counsel for the petitioners and the same is hereby rejected. We are of the confirmed view that such discrimination permitting Hindus only, debarring non-Hindus to participate in the auction of leasehold rights or license in respect of the shops and plots belonging to the respondent No.3 does not amount to violation of fundamental right guaranteed under Article 14 of the Constitution of India.”

The Order of the SC and other related orders of the Andhra Pradesh High Court may all be read here.

The atmosphere in India has become quite hostile towards the Muslim minorites who are being constantly targeted with impunity, especially in states with BJP-led governments. Multiple and repeated instances of Hate Speech, Mob Lynchings and other kinds of exclusion and violence have spiralled. Things are made worse with the authorities taking no strict actions being taken against the human rights violators and hate offenders.

Recently, (BJP) General Secretary, CT Ravi –with decades long record for provocative speech —joined the right-wing groups’ hate call to boycott ‘Halal’ meat which has been equated with Muslim dietary habits, and called all Halal food ‘economic jihad’. Adopting a right-wing tactic to associate Muslims with words like Jihad/Jehad (Holy War), he has reportedly said, “Halal is an economic Jehad. It means that it is used like a Jehad so that Muslims should not do business with others. It has been imposed. When they think that Halal meat should be used, what is wrong in saying that it should not be used?”

While past years have seen some positive rulings emanating from India’s top court, the non-implementation of directions, renders even these without teeth. In 2016, Activist Lawyer Tehseen Poonawalla along with few others had filed a Writ Petition in the Supreme Court [Tehseen Poonawalla vs. UOI &Ors (2018) 9 SCC 501]troubled by the increasing incidents of cow-vigilantism in the country where private citizens violently punish people who they suspect of consuming beef.

The Court had condemned the widespread acts of mob lynching and violence in the country. While prescribing a bunch of guidelines to curb such unlawful activities, the Court had observed,

“It is our constitutional duty to take a call to protect lives and human rights. There cannot be a right higher than the right to live with dignity and further to be treated with humanness that the law provides. What the law provides may be taken away by lawful means; that is the fundamental concept of law. No one is entitled to shake the said foundation. No citizen can assault the human dignity of another, for such an action would comatose the majesty of law. In a civilized society, it is the fear of law that prevents crimes. Commencing from the legal space of democratic Athens till the legal system of modern societies today, the law makers try to prevent crimes and make the people aware of the same but some persons who develop masterly skill to transgress the law jostle in the streets that eventually leads to an atmosphere which witnesses bloodshed and tears. When the preventive measures face failure, the crime takes place and then there have to be remedial and punitive measures. Steps to be taken at every stage for implementation of law are extremely important. Hence, the guidelines are necessary to be prescribed.”

Drawing a perfect analogy to India’s current predicament, activist and author, Mr. Pieter Friedrich has rightly said, “In 1933, the Nazis said,Don’t buy from Jews. In 2022, the Nazi-inspired Hindu nationalists say,Don’t buy from Muslims. Economic boycott is the path to genocide. Fascism in India must be stopped.”

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The post Are increasing calls for economic boycott of Muslims a sinister precursor to something worse? appeared first on SabrangIndia.

Violence against Scheduled Castes/Scheduled Tribes, even amid the lockdown, is still a reality in India, especially in its rural areas.

A teenaged Dalit boy was shot dead at his home in Uttar Pradesh’s Domkhera village in Amroha district, allegedly by youths of an upper caste family after he visited a temple in the village, The Telegraph reported.

Vikas Kumar Jatav (17) had visited the local Shiva temple on June 1, his father Om Prakash Jatav, a farmer, told reporters. The Telegraph reported that according to the boy’s father, a scuffle ensued after Vikas ignored the warnings of some upper caste members, including a boy named Horam Chauhan, who tried to stop him from praying at the temple on ground of his Jatav identity and continued to offer prayers at the temple. 

Dalit groups like Jatavs and Valmikis live on the periphery of the village and the upper castes, mostly Thakurs, live at the centre.

Om Prakash Jatav said, “After he had finished praying, several upper caste villagers thrashed him. We approached the police at the time but they refused to register an FIR. On Saturday night, Horam and three other youths from his family arrived at our home and dragged Vikas out. One of them shot him with a revolver and they all ran away,” The Telegraph reported. He added that this wasn’t the first time a Dalit had prayed at the village temple.

However, the in-charge of the local police station, Niraj Kumar, told reporters that primary investigations in the incident didn’t suggest any dispute related to a temple or untouchability. He said that according to investigations, the victim, the perpetrator and other youths were playing together in a field seven days ago when a fight broke out among them.

“Horam, who is 18 years old, did not return home after the playground quarrel. He came back on Saturday night, went directly to the home of Vikas, who was sleeping on the veranda, and allegedly shot him dead. We are trying to arrest all the accused,” The Telegraph reported him as saying.

Vipin Tada, Superintendent of Police, Amroha, said that a case has been registered against four people of a family on the basis of the father’s complaint and that the accused have been charged with murder and violation of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, The Telegraph reported. He also said that Vikas’ body had been sent for a post-mortem.

Uttar Pradesh has always been in the top 5 states related to crimes against SC/STs. On October 21, 2019, the National Crime Records Bureau (NCRB) released a report on “Crime in India” with state-wise data on atrocities against scheduled castes from 2015-2017, Sabrang India had reported. Uttar Pradesh had the most number of complaints registered against SC atrocities – 8,357 in 2015; 10,427 in 2016 and 11,444 in 2017. Lucknow had the biggest share of registered crimes – 21.4% of the total complaints registered in metropolitan cities.

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The post Uttar Pradesh: Dalit teen allegedly shot by upper caste men for praying at village temple appeared first on SabrangIndia.

Image Courtesy: indianexpress.com

On Sunday, Tripura observed its first ritual slaughter-free Diwali in 525 years after the Tripura HC banned the practice. However, priests and devotees at the Tripura Sundari temple, concerned about this matter, said that Diwali was rendered incomplete without the animal sacrifice, The Indian Express reported.

Earlier this year in September, the Tripura High Court had ordered a ban on the tradition of animal sacrifice in temples. The judgment delivered by the HC’s Division Bench comprising Chief Justice Sanjoy Karol and Justice Arindam Lodh, in a response to a Public Interest Litigation (PIL) filed by a retired judge Subhash Bhattacharjee read, “no person including the state shall be allowed to sacrifice any animal/bird within the precincts of any one of the temples within the State of Tripura…”

Examining several Supreme Court judgements, the HC once again examined the difference between a religious practice and essential and integral part of the practice of a religion and held that bird/animal slaughter should be banned.

The HC Order may be read here.

The petitioner had argued that slaughtering animals in the name of sacrifice was a social evil and against the Constitutional mandate. Animal sacrifice is not an essential or integral part of Hinduism and the HC had questioned whether the ritual could be allowed given that the Prevention of Cruelty to Animals Act, 1960 does not condone it.

Tripura Sundari temple’s head priest Chandan Chakraborty told the paper that the Diwali puja was done in the name of the king. “Animal sacrifice or ritual slaughter (Boli) is a part of the Puja process. The Court order didn’t give us time to finish sacrificing animals already pledged by devotees to their Goddess. They are returning dejected,” he said, adding how they were doing an ‘Angaheen’ (incomplete) puja now.

The temple, located at Southern Udaipur, 55 km from Agartala, is one the 51 Hindu Shaktipeethas and is considered to one of the holiest Hindu shrines in the country.

Keeping in mind, the ban on animal slaughter, the festivities took a somber route too. The Tripura Sundari dance and music festival which sported a variety of ethnic dances and musical performances and that used to be held for the last 10 years, was dropped and instead a a ‘mangal-arati’ with 1,000 devotees was organised in front of Kalyansagar – a pond excavated by the king after building this temple.

Opposing voices

Earlier this month, scion of the Royal family of Tripura and former Pradesh Congress President Pradyot Kishore Deb Burman announced that he would move the Supreme Court (SC) against the Tripura HC judgment regarding the ban. While saying that he was not in favour of animal sacrifice, he said, “The high court cannot override the provisions of the merger agreement which was signed on October 15, 1949 between Regent Maharani Kanchan Prabha Devi and the governor general of India.” He had added, “Before delivering the verdict, the High Court should consult with the stake holders and the civil society. The Court should not intervene into the traditional social, cultural and religious belief.”

The merger agreement made it mandatory for the Tripura government to continue the sponsorship (including sacrifice of animals at government expenditure) of several traditional tribal pujas and 14 temples, including the Mata Tripura Sundari Temple run by the Hindu princely rulers.

Members of the National Service Scheme (NSS) also said that the decision to ban animal sacrifice had hurt the sentiments of the devotees.
Citing that banning animal sacrifice didn’t guarantee everlasting life to animals, a devotee said, “If you can’t stop indiscriminate slaughtering across the state, how come animal sacrifice in temples was stopped? This is not right.”

Animal sacrifice has been long practiced in the Tantrik method of worship of the Dash Maha Vidya (ten forms of the Goddess of Hindus) and animal rights activists have welcomed the ban saying it would end cruelty to animals in the name of religion.

There were those who thought this animal sacrifice was fanaticism. “We live in a modern world. Ritual slaughter started as anthropological transition from hunting to domesticated life. Unnecessary brutality in the name of religion is not acceptable now. Calling for revival of boli is religious vigilantism,” said a government employee, who didn’t wish to be named.

In 2014, the Himachal Pradesh high court had banned animal sacrifice for religious reasons, deeming the practice cruel and barbaric.

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19th-century Hindu reformers would cringe at the Happenings at Sabarimala Today
 

The post Upset after HC order, Tripura Sundari temple priests say Diwali incomplete appeared first on SabrangIndia.

Image Courtesy: edexlive.com

Activists from the right-wing organization Bajrang Dal on Thursday last week staged a protest at Simrol police station in Indore claiming that a Lord Hanuman temple on the campus of the Indian Institute of Technology (IIT) Indore had been removed without consultation of the locals, reported The Free Press Journal.

Today, there is a gym at the site of the shrine.

Activists claim that the shrine had been removed in 2017 without any genuine reason and staged a demonstration claiming that an old Hanuman temple was located under a peepal tree on the IIT Indore campus. BJP’s Shivrajsingh Chauhan was chief minister of the state at the time.

The villagers of Simrol too seem to have been angered by this and support the Bajrang Dal. Villagers claim that the temple was over 200 years old and that the administration should have consulted the panchayat before breaking down the shrine.

Saying that what the locals claim to be a temple was just another village shrine, a student, on the condition of anonymity, told the paper, “It was a shrine with a deity under a tree that the villagers had been worshipping for as long as they can remember. The major complaint they have is that the administration did not bother to even inform the local panchayat or the villagers before they demolished their place of worship.”

Activists furnished photographic evidence of the shrine, demanding that a First Information Report (FIR) be filed against those who broke down the temple and hurt the sentiments of the Hindus saying that people used to go to the temple for worship when the campus had not come up.

“The temple should be re-established and FIR should be registered who got the shrine removed,” Bajrang Dal city general secretary Devendra Anjana demanded.

Some student bodies also stand with the locals in their allegations. Speaking to EdexLive, National representative and Coordinator of Research Scholars of India, Nikhil Gupta, who had spearheaded the movement for higher stipends for researchers last year, said that he would want to visit the campus and help the locals be heard. “Considering the allegations of the villagers, I believe that no institution especially one that is run by the Government of India should offend the religious feelings or considerations of the society. The details surfaced so far strongly suggest that the locals were not even consulted before doing this. The institution should make amends and construct a grand temple to mend relations with the locals,” said Nikhil.

Bajrang Dal activists also claimed that they had previously filed complaints with the district administration and the CSP but no action had been taken in the matter.

The religion spin

Claiming that the students had given them this information, villagers claimed that the contractors who built the gym that now stands at the site of the shrine, were Muslims. Though this may have nothing to do with the issue, the simple admission that the shrine was built by Muslims, is bound to give this matter a religious spin. Given how Muslims have been targeted and singled out for every matter by right-wing fanatics, it is possible that this simple administrative issue could also take a religious twist.

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The post Bajrang Dal protests alleged ‘removal’ of temple from IIT Indore in 2017 appeared first on SabrangIndia.

At one place, they demolished a mosque and are trying to build the Ram Mandir in its place. At another place, they demolished the centuries-old Ravidas temple, which contradicts their overwhelming love for temples. And these same people are serving salt-roti as mid-day meal to children in schools. An FIR was lodged against the journalist who exposed them. Senior journalist Urmilesh talks about this political hypocrisy.

Courtesy: News Click

The post The Story of ‘Two Temples’ and Mid-day Meal appeared first on SabrangIndia.