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Uphold the Constitution in Letter and Spirit

13 Aug 2017 06:04am IST

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By Francis Fernandes

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13 Aug 2017 06:04am IST

Report by
By Francis Fernandes

Leave a comment

The Constitution clearly states the powers enjoyed by the Prime Minister and the Chief Minister of any state are the same except that the PM is the head of the largest party in Parliament (law making body) and is the administrator of the country with the President of India as the Custodian of the Constitution. It also states India has parliamentary democracy with federal structure of governance meaning each state having its own chief minister and a council of ministers with the governor of the state as its Constitutional Head.  Now in context to the Constitution certain Chief Ministers ruled by the BJP states in different states are exercising their right in suppressing rights of the citizens and with India being a parliamentary democracy the question of suppressing these rights of the citizens become a state subject for example beef ban or ban on cattle slaughter or excesses of gau rakshaks and these cannot stand trial in the court of law. Lynching is another feature of the present political dispensation a practice of taking law into the hands of the mob and doing away with the victim which had originated during the American Revolution from 1765 to 1783. Never before under governance of any political dispensation, we heard of these subjects what people are supposed eat or not to eat or to elevate the cow being as sacred as our mother.  Government may be exercising control on the media to suppress these ugly and mean incidents but with modern electronic devices anything and everything that happens in any part of India is transmitted in matter of seconds to different parts of the world.  Secular fabric has been disturbed to such an extent that even judges of the High Courts have made statements to declare the cow as a national animal. In all possibilities these judges have been influenced by people in power. Even the ministers who served in the earlier NDA government in 1999 feel the country is being driven towards Facism. Voices of intolerance and in particular religious intolerance are rising day by day.

 Such governance leads to rise in communalism which owes an allegiance to one’s ethnic group rather than the wider society. Communalism is used in India and in certain other countries to denote attempts to construct religious or ethnic identity, incite strife between people identified as different communities and to stimulate communal violence between those groups.  In the name of cow being sacred or eating or preserving beef human lives are taken away. Is it wrong to say BJP is now playing hardball with the same communities (minorities) that helped to vote the present BJP government come to power in May 2014? In a historic judgement the Supreme Court had to intervene as people are affected throughout India and upheld the interim stay on the Centre’s notification on banning cattle sale of the Madurai bench of Madras High Court and extended to the whole of India. Communalism creates a gap between communities which often leads to lack of nationalism and patriotism towards one’s own country. Communities which are suppressed or harassed may be polarized towards other countries.

 Under the present dispensation religion is being brought into politics thereby undermining Secularism which is a threat to Democracy. The citizens of the minority communities now live in fear and are being harassed and tortured. It is the duty of the Central Government not to allow anyone to encroach on the fundamental rights so that people can live in peace and in happiness, and this alone can contribute to the growth and prosperity of the nation and for that, the men and women sitting in Parliament have to enact legislations in regard to beef ban, cattle slaughter or lynching so that it is no more a state subject and Courts can deliver fair and speedy justice in tackling these assailants. But taking into account the criminality of the law that has pervaded the society to a large extent in regard to excesses of gau rakshaks and lynching which are both criminal offences, the men and women in Parliament may not enact such legislations and the country may be heading towards a reversal direction. It may sound thought provoking or it may sound strange communalism and terrorism are inter connected though not inter-related. In India we know rivers of blood have flown during the Partition of India way back in 1947 when 2 million people died in bloody clashes between Hindus and Muslims and families were displaced on both sides, as the new borders were being demarcated in Punjab, Bihar and West Bengal and blood has flown post Independence too following bloody riots between Hindus and Muslims on several occasions which is black dot on free India.

Is a Hindu rashtra possible and feasible in India? Nepal was the only Hindu kingdom in the world with a monarch as the head of the state. In 2008 Nepal was forced to leave the monarchy and became a secular state after the Communist Party of Nepal CPN (Maoist) fought an armed struggle with the government of Nepal from 1996 to 2006 to out the last Hindu monarch. During the ten years of civil war more than 19000 people died mostly civilians, the entire period was marked by violence, destruction of national properties, loot and arson. Communist Party of Nepal received support from governments across the border and the government of Nepal received support from United States and India.

Constitution draws its power from the people of India. Considering the ground realities as voices of intolerance are rising day by day, the people of India today has a legitimate right to ask the Government of India to uphold the Constitution in Letter and Spirit.



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