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Exclusion of Muslimsin India' s Governance and Legitimacy of the State: A Political Analysis

Arshi Khan -le

Setring the Context

To begin with, it is important to menti­on that India is politically known for its broad constitutional design encompassing instituti­ons and arrangements for democracy and federalism to deal with both majority and_ minorities in govemance, development and prosperity. Federalism ensures protection of the rights of the constituent units (states) apd the minority communities. Federalism emer­ged as an im portant recipe for those societies whose constituent elements are not mono-na­tional but multi-national or better termed as plural or federal in nature. Therefore, fede­ral-demecratic political arrangements were devised in various countries to address the needs and demands of sub-national groups, regions and national minorities. 'This fede­ral polity has been on increasing demands for reselving con.flicts, ensuring settlements, promoting dialogues, building peaceful ro­ad-maps and inclusive democracy resulring in recognizing diversity as the source of stren-

gth, appreciation and integration rather than the source of con.flicts and divisions.

Federalism and democracy in India are considered as the combined platform for securing legitimacy of the government in the eyes of the second largest majority of India-Muslims in addition to its .significance for other minorities and non-Caste Hindus. India is a multicultural and multi-religious society where several other factors constitute diversity. Nevertheless, the nation-building process creates national identity of citizens based on common and shared interests and cansensus on shared political destiny. There­fore, the contemporary discourse on diversity centers upon Öne of the most important and controversial subjects-protection, rights and participation of minorities".

Participation of the Muslim minority in India's governance is now an old undispu­ted and unattended issue due to the alarming rise of insecurity, injustice, discrimination and exclusion issues related to them particu­larly in the context of the formal and infor­mal orientations, plans and actions against Muslims organized and :i.tıstitutionalized by armed and hatred Hindutva groups and their supporters in governmental agencies. The is­sue of minority has become a crucial debate in all demecrades and regimes of developed and devdoping worlds. In most of the wes­tem societies, the .minority issue is discussed for settlers, immigrants, sects and linguistic groups. Bi-communal societies like Belgium and multi-communal Switzerland have suc­ceeded in according rights and privileges to communities (linguistic). Swiss democracy does not speak of minority rights but it has recognized the Swiss political order in such a way that majority-minority con.flicts or ten­sions do not surface. It facilitates processes and institutions for guaranteeing security, li­berty, equality, justice, development, human

( .. ) Pro/essor Dr., Department of Political Scieııce, Aligarh Muslim Uni· vemty, INDIA

rights, legitimacy, accommodation, trust and inclusion.

India is generally perceived as the most stable and peaceful democracy embedded with federal arrangements but this country is not free from internal conflicts like many other countries since 1960s. Internal conf­licts based on ethnicity, religion, caste ete., have involved several parties-governments at different levels, political parties, majo­rity and minority communities. The whole of South Asia is badly affected by waves of internal conflicts such as communal, caste, ultra-left outfits and ethnic and canununal conflicts in India, ethnic and seetarian divi­des in Pakistan, ethnic and religious tensions in Sri Lanka, majority and Madhesi rifts in Nepal, tribal and group divisions in Afgha­nistan. Partition of India in 1947 was basi­cally caused by the failure of trust between the leaders daiming to represent Hindus and Muslims in British India. Similarly, Punjabi damination caused the partition of Pakistan in _1971. Again India's democracy is threate­ned by majority demination (1947-mid 2014 at the national government level) and Hin­dutva's take-over of Inciian State, its ~gencies and processes since mid 2014. Hindutva can be referred to the ideology, policy and institu­tions conceptualized and actualized by those smail sections of the Hindu majority commu­nity which are highly opposed to minorities particularly Muslims, their religion, identity, constitutional rights in the country and ma­terial prosperity. This ideology has developed many armed wings and hatred groups some of them are active on social media showing their keen interest in anti-Muslim forces all over the world.

India is known for socio-cultural di­versities which are to be maintained and har­monised by the combined efforts of national leaders belonging to majority and minority communities. Since its inception as a federal policy in 1950, framers of the Constitution of India had rejected the notian of majoritanan

democracy (on the assumption that political power and institutions will be shared betwe­en the majority and minorities), Aryan nati­onalism, the doctrine of Hindutva and exc­lusive damination over political institutions and enforcement agencies. Democracy was endorsed to involve commen people in the policy-making and federalism was adopted to protect the interests of the distinct regions and nationalities. Fundamental Rights were considered as one of the basic constitutional features mainly for the purpose of safeguar­ding individual rights and cultural and edu- · cational rights of the minority communities.

The Consti.tution created an indepen­dent judiciary and judicial unity as a safe-gu­ard for constitutionalism induding the prote­ction of the rights of the minorities from the official and non-official elements and actors. A plural society requires priceless human wisdom, determination, policies and actions to engineer ethnic balance for erecting the windows of opportunities for power-sharing and human relationships at two levels: terri­torial-regional and community levels. Territo­rial and community considerations reflected secular, civic and moral purpose of the State as a political force to protect territorial boun­daries and the rights of the constituent ele­ments, the latter being the backbone of the legal sovereignty. Therefore, political sovere­ignty belongs to the constituent elements in which minorities have signifi.cant shares and stakes. Purpose of this kind of political exer­eise is to maintain regional balance and to avoid the institutionalization of one or some ethnic groups or communities over other groups.

At the seven decades of its Indepen­dence, India has achieved peaceful elective representative system based on one person one vote, coalitional exercise at the fede­ral and constituent levels, expansive local self-government system and many others but it has lost the constitutional goal of 'equality and democracy' (in economic, social and po-

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litical terms) to win over the confi.dence of minorities who are dispersed in the areas do­minated by the majority community all over the countrywith the exception of]ammu and Kashmir and Lakshadweep (very very smail fraction of Muslims in India. It is important to mention here that most of the scholars have referred to the factor of the 'rule of law' for the success of federal democracy. In fact, the very purpose of federalism is not only to build a creative relationship between the fe­deral and constituent governments but also to find the roots of such relationship in pre­venting the ethnicisation in the structures of power-- translating the objectives of the Hin­dutva forces into political gains. Moreover, fede~alism obliges political institutions and enforcement agencies to remain committed to th.e principle of the rule of law. This further signifies the priority of protecting the Funda­mental Rights of minority communities from the respective state government in which the federal authority has the larger role to play.

At the domestic and community level, India is known for thousands of anti-Mus­lim violence perpetrated by Hindutva forces. 1bis violence is called communal riot but in reality Muslims and Hindus as communities have never fought any battle but it is baııi­cally Hindutva forces and ~eir sympathisers in the palice who commit atrocities against Muslims. Anti-Muslim violence violates the basic norms and principles of the rule of law which are the foundational political values for federal democracy. Riots, in which several actors play roles before and after the crimes against humanity, poison many minds beyand boundaries of the rule of law. The term 'riot' is quite commonly used to state the matter related to all kinds of violence that take place at the inter-community level. For example, Gujarat riots of 2002 have been termed by many, who visited the affected sites, as 'geno­cide' and 'state-sponsored erime against the Muslims' and not ordinary riots. However, it isa fact anti-Muslim violence and terror have

become biggest threat to the country affec­ting largely the Muslim community in India.

The federal polity ensuring the rights of the vulnerable communities is now under threat due to the rise of the fascist elements in various spheres. No preferential treatment is available for Muslims but there reserva­tion of seats in elected bodies, educational institutions, jobs and promotion for many backward Hindus. Muslims constitute over 14.2 percent of India's total population. Muslims have been declared backward and very backward by the Dr. Gopal Singh Com­mittee ( 1983), the Justice Sachar Committee (2006), and the Justice Ranganath Mishra Commission (2007). Over 80% of Muslims in India are poor, very poor and vulnerab­le. Preferential treatment exists for several weaker segments of the Hindu community and the Scheduled 'llibes. Taday majority of Muslims are excluded from the structures of powers. The rates of unemployment, illitera­cy, poverty, housing problems and other issu­es are higher for the Muslims. They are now trapped in anather problem of the terrorism by the Hindu fascists and terrorists.

The followers of the militant ideology went to the extent of taking advantage of the 'War on Terror' by engineering bomb blasts at several places since Iate 2001 in India. Such blasts, of quite a new kind and nature in the Inciian panorama, were shocking inci­dents to Federal India which began to create the image of Muslims as enemy-terrorists. Muslims in India except in Kashmir have no organized or unorganized terror organization for waging war against India. Each and every recognized units of Ulema has repeatedly condemned the acts of terrorism. Hundre­ds of Muslim youths were locked in prisons and released after a decade or two due to the falsehood of terror charges. On the contrary, terrorists involved in several cases of bomb blasts are either free, or protected or bailed out after detention and media in general re­main silent. Terrorism has largely affected

Muslims in terms of security, clignity, justice, equality and freedom.

This is to recall the Constituent As­sembly of Inclia (December 1946) had declared its firm and solemn resolve to ar­range "adequate safeguards for minorities, backward and tribal areas, and depressed and other backward classes." It also promi­sed for guaranteed and secured justice, equ­ality, freedam and socio-cultural rights for minorities. The promise could have come true if the communities had evolved into a society of citizens. But the lack of any com­mitment to create a secular and demecratic polity paved smooth passage for the strong and the dominant to make the ascriptive va­lues as the means for controlling the power structures. Cultural nationalism has gradually consolidated and replaced the very basis of comman citizenship. As a result, the availa­bility of both universal human rights (com­man citizenship) and cultural, religious and linguistic safeguards (w hi ch is als o available for the majority community in Inclian polity) have neither resulted in strengthening the in­dividuals' identity vis-a-vis the consciousness based on group/community's historicity nor guaranteed security and secular tolerance to minority groups.

Before the rise of the Bharatiya Janata Party (BJP), it was to some extent agreeable to daim that Inclia was the largest democracy in the world but this sort of aphorism gets cli­luted after the consolidation of the exclusion of Muslims in Inclia's politics of power and governance, employments, appointments, nominations, and growing deprivation of their rights, opportunities, services in public sphere and growing security threats to their life, property, identity, history and memory. Perpetual preclicament of the Muslim com­munity in the country is the result of the ow­nership of the country by the few belonging to the majority community and not because of social settings. This questionable owner­ship is the result of the eleetaral method for

representation endorsing 'winners-take-all' approach against \vin-win-situation-for all'. Wınners-take-all' eriterian has not only ad­versely affected the nature and degree of par­cicipatian of Muslims in elected boclies but it aiso affected Muslims' constitutional, politi­cal and public interests, needs and demands in the spheres of decision-making, legislati­ons, executive orders at clifferent levels, sc­hemes, grants, funding, security, intelligence, foreign policy, ete.

When we talk about the minorities in the Inclian context, it would be important to submit their two fundamental rights-'prote­ction of minorities and their rights' and their 'participation' in govemance and other stru­ctures of power and in.fluence. They cannot be ruled out, despite the liberalists' efforts, particularly when the persons of the largest minority, inciueling others, have been the vi­ctims of cliscrimination, violence and exclu­sion on the basis of 'memory', 'history' and 'political considerations'. This has resulted in a big social erisis of protection and par­cicipatian of minorities in Inclian federal de­mocracy. Protection of minorities, particu­larly Muslims, and their constitutional rights politically depend upon the nature, kind and degree of their participation in elected bo­clies, ministries, boards, recruitment panels, enforcement agencies, armed forces, pa­ra-military forces, police, investigation agen­cies, security and immigration sections of airports, aviation, shipping, ports, forest ser­vices, land border-gates, foreign intelligence services, foreign services, jucliciary, public sectors, municipalities and corporations jobs, electricity and water related departments, passport offices, national and state election commissions, educational and research insti­tutions, post and telegraph services, railways, road transports, banks and financial instituti­ons, govemment hospitals, local health care centres, medical and agriculture colleges, and meclia. Their substantive participation is also required in the ministries concemed

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with Home Affairs, Human Resource De­velopment, Social Justice, Law and Justice, Information and Broadcasting and Extemal Affairs. Muslims are either very few or least visible in above-mentioned sectors.

So much of tragic exclusion resulring in extreme deprivation of their constitutio­nal rights including security could have been avoided by the introduction of the propor­tional representation system as method of election in the country. This could have been reduced to same extent with the introdu­ction of the reservations of seats in elected bodies for Muslims (as such provisions exist for Scheduled Castes, Scheduled Thbes and Women) and reservation in jobs and educa­ticnal institutions for other backward dasses of citizens. So far since Independence in Au­gust 1947 and fust general elections in 1951-1952, things have not proportionally impro­ved forMuslimsin the country in comparison to those who were privileged by the First Past the Post system and affirı;native action. Exclusion, backwardness and discrimination of Muslims in public sphere are visible, ack­nowledged and indexed in social, legal and palirical domains.

Legitimacy of the State in the Eyes·of Muslim s

Muslims in India are faced with two major problems--'protection of minorities and their rights' and their 'participation' in governance and other structures of power and influence with consequential implicati­ons for the health of democracy and federa­lism in India particularly in the cantext of the 'legitimacy of the govemment'. Legitimacy of the State in multi-cultural societies is an im­portant requirement and merit for avoiding internal conflicts, violence and socio-political disorder. Legitimacy of the State in the eyes of Muslim community in a plural society like India can be the major source of nation-bu­ilding, peace and order in the society. This

is possible when certain conditions exist-en­forceable rights in a legal system and Rule of Law, strong and independent judiciary, con­ditions of economic opportunity that allows upward mobility of individıial \vithout group consideration, absence of discriminations, respect for cultural and religious tolerance, civic political culture, commonly shared po­litical values, shared governance, principle of subsidiarity, principle of double legitimacy, proportionality in institutions dealing with public affairs and goals manifesting agreeab­le national identity.

South Africa opted for liberal democ­ratic model to reconcile racial and ethnic dif­ferences \vith the presence of strong judicial institutions enforciog their terms in centrast to Buruneli marked by ethnicised politics, in­cidents of massacres and weak judicial sys­tem. Colonial countries have experienced the colonial game of divide and rule by advancing the interests of one community against the other which resulted io artificial boundaries and bloody partitions in Asia and Africa. Po­litical misuse of religion, communal palarisa­tion of majority against minority, Caste-based party politics and other ethnic considerations constitute the basis of conflicts in post-co­lonial democracies, particularly India. The­re are evidences of constitutional model on colonial experiences, political paıties along \vith socio-cultural fault-lines, political mobi­lization through fault-lines, \vinners-take-all' method of acq:Uiring and expanding power, flooding hatred through fastest and pervasive means of cornmunications, a kinci of 'fogged coup' to capture absolute number of seats in elected bodies at federal and regionallevels by minority actors of the majority community through 'no-proof' of voting choice \vith the voters (by tampering Electronic Voting Mac­hines without any receipt produced by paper trail machine along \vith the EVMs) in calla­boration with conformist factions in media, bureaucracy, police, intelligence and leaders of other parties, ete., which provide judicious

ground to raise questions about the legitima­cy of the government.

There have been nation-wide acknow­ledgments of the fact in Inclia that votes cast through the EVMs have been tampered in the interests of one political party and asso­ciates. National and states elections during 2014-2017 and unexpected results have cer­tainly been not free from doubts about the EVMs. Several political parties, concerned citizens and jucliciary have already said that EVMs are not foolproof and advised for eit­her re-introducing paper-ballot or receipt from the EVMs. The Supreme Court sought the Election Commission' s response on a PIL demanding investigation into allegations that EVMs were tampered with in the recent Assembly polls. 1 A Bench led by Chief J us­tice of Inclia J S Khehar issued notice to the EC on the plea that alleged that EVMs used for conducting polis could easily be tampered with. The Public Interest Litigation filed by advocate M L Sharma in his personal capa­city alsa sought a directian to the Centre for registering an First Information Record to in­vestigate the alleged tampering ofEVMs "for vested interest by a pelirical party and. to ille their report before the apex court."2

In such a situation, eleeteral exercises become more harmful to the minorities as they become helpless against parties in power which not only determine palirical course of action but alsa economic benefits and advan­tages, religious-cultural-linguistic preferen­ces, and meclia management. They result in multiple clisadvantages on the part of the ba­ckward class of citizens and minorities. The State/Establishment (in Inclia) controls most of the natural resources, public sectors, jobs, appointments and neminations in varied se­ctors covering sky-earth-sea domain. Elec­tions in the absence of required conclitions result in inter-group tensions and erosion of national identity because the 'prize' (result) negates 'win-win' situation. National iden­tity (nation-building through the recognition

of commen destiny and shared goals) must co-exist with the competing and different identities. Where there is absence of shared concept of the na tion as 'composed nation' o~ 'shared nation', only group identities mat­ter. Thus, there is no 'we' but only 'mutually exclusive others'.

There is a need to prevent biased and partisan role· of the enforcement agencies and its institutionalisation of hatred, violen­ce, riots and cliscriminations and to block the safe passage for the rise and expansion of cli­visive forces. Inclia's social unity is fractured by the thinking and actions of some political actors which brew hatred against minorities and were catalyst in Caste violence, commu­nal riots, cliscriminations, unrests in many areas and series of bomb blasts/terrorism inside the country.3 Fascist parties and orga­nizations have strengthened themselves over and above the 'Sovereign State' and thus played down the constitutional principles for their own parochial interests.4 They misused the package of demecratic liberties for ad­vancing their own vicious agenda of violence, hatred and communal clivide and accordingly influenced various structures of powers. The­ir activists and products have entered into the multiple layers of governmental agencies which can be easily seen in the role of seve­ral political actors, police, para-military for­ces, intelligence agencies and administration. Moreover, certain sections of the jucliciary are alsa not immune from their influences.

Democracy also requires jucliciary to be vigilant, rational, assertive, impartial and independent of any kind of influence so that citizens could get justice according to laws. Jucliciary is an institutional watch-tower abc­ve the key institutions and pelirical actors. Jucliciary's role becomes more important in plural societies where minorities fear majo­ritarian deminance or its undue influence in public spheres.5 Jucliciary, not all, is maintai­ning benign neglect vis-a-vis anti-Muslim po­licies and actions of the Union and the states'

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governments. Judicial review is not limited to the extent of examining the constitutional va­lidity of the legislations but alsa of the actions and order of the Executive. India is not only known for being the largest democracy in the world but alsa for its failure to accommodate its diversities and in same cases denying and depriving people of their nationality either th­rough disenfranchisement or by denouncing their nationality rights on various grounds in a particillar socio-cultural and psychological cantext resulring in the process of exclusion and fear in the minds ofbeing doubtful iden­tity.6

Modern-looking secular, federal and democratic arrangement of institutions were endorsed and adopted to transform the 'coınmunal' nature of society into a 'civic' so­ciety. Secularism was meant for maintaining peaceful co-existence and federal democracy were meant for upholding substantive equa­lity and social justice against discriminations, exploitations, poverty, backwardness, special

. birth-rights (Caste-system), deprivations on the basis of religion, colour and creed and exclusion. In this context, one can find th­ree major set of questions that India had to address after it becarne independent in 1947. They were Federal and constituent units sharing of power (related to the powers and autonomy of state govern.ı:ıients) , Casteism (Caste confl.icts and Caste-hased inequali­ties), and Communalism (community-based fe ar of insecurity, discrimination and ba­ckwardness due to the representation and force of numbers/majority community). The

. above two have been acidressed systematical-ly without similar sensitivity to the problem of communalism-violence, discriminations and terror resulting in the exclusion of the Muslim community.

According to the data available with the Home Ministry, a total of 3365 commu­nal incidents occurred in the country from 2011 to 2015 (till October) . Of the 35 sta­tes and Union Territories of India, only eight

(8) states contributed for close to 85% of all the communal incidents in the country. The number of such incidents in 2012 and 2014 were 668 & 644 respectively.? 1bis list will be langer if they are estimated since 1947. Therefore, majority communalism got stren­gthened due to violating the Rule of Law and ignoring prejudiced role of media--most of the private televisions, newspapers and social media in addition to the growth and activ?-­tion of militant bodies and RSS-sponsored NGOs. Other factors are the lack of checks and balancesat the level of the organization, principles and guidelines for palirical parties, distribution of party-tickets for cantesting elections, employment in government sec­tors, enforcement agencies, delivery of goo­ds, ete.

Muslim-Bashing and Terrorism Against Muslims

The consolidation of communal forces in power politics including same other civic institutions established disturbing trends in the country. Anti-Muslim violence (usually called communal riots) became a permanent feature of power politics since 1947 and be­came more rabid after the Ninth General elections of 1989 when a smail palirical party (R.ashtriya Swayamsevak Sangh-led BJP) inc­reased its strength in Parliament from 2 to 88. Muslim-bashing began since 2001 when series of bomb blasts were reported in the country and linking terrorism with helpless Muslims and finally 2014 onwards, series of organized killings and humillation of Mus­lims by armed gangs of the fringe members of the majority group without any sart of can­deronation or remorse shown by the prime minister, chief minister or the ruling BJP.

There are a number of cases ·in the country where the plirpose of the constitu­tional State has been adversely affected by the parties in power and the governmental agencies they influence. The question of the

legitimacy of the government and its agencies can be raised when the goverrunental agen­des deliberately target persons from the mi­nority group and avoid legal actions against the forces of hatred. Tiıis happens where Ci­tizens-State is dominated by Majority-State. In the case of India, even the Majority-State has been taken over by the Hindutva-State where some outfits and parties (repre~enting the forces ofhatred) proclaim to be represen­ting the majority in the country. The Hindut­va State is the final product of 'digital coup' le d by the electronic voting machines (u sed without any paper trail machine producing receipt) and embedded media. This makes the State doubtful and incredible in the eyes of the affected and excluded group. Tiıis fa­lls the purpose of the State, government and democracy in all expressions.

Global war on terror since 2001, an­ti-Muslim forces have been misusing all me­ans of communication and image projectian to make the H.indu majority hostile to the Muslim minority community. These forces have now become part of the goverrunental agencies, media and non-governmental sec­tors which certainly underlines accumulating threats to the social fabric of the country. So far the Muslim minority comm.unity in India is not in conflict with the H.indu majority community as it is sametimes projected by certain forces but the Hindıetva forces seem to be at war with Muslims in particnlar in the country. It is, however, a fact that since 1989, there have been sustained efforts, activities and schemes to push the majority community against Muslims which seems to be highly alarming the centuries-old pattern of interac­tions and social accommodation.

There ex:ists an abysmal threat to the constitutional schemes to keep diversities together and to secure peaceful management of multi-cultural society. Federalism and de­mocracy in India require the State to remain seenlar (government as a party to one religion ııgainst the 'other') and to endorse constitu-

rional polity based on the Rule of Law: Tiıis necessitates the goverrunents (Union and states) to represent sovereign power of all citizens and not the \ve' only. 'Coming toget­h~r of same as united political community' and 'same others' as adversaries defy the no­tion of the legitimacy of the government and the State in the eyes of minority.

Exclusiveness to justify controlling palirical power certainly raises the question of legitirnacy-deficit in multi-cultural society. Govemment is a rational palirical instrument which should not be taken over by a particu­lar group as part of exclusive ownership of the State to enforce exclusion of other cul­tures. The State itself is drifting away from cultural pluralism and constitutionalism. As long as unity of the country is identified with majority culture, minorities would remain deprived of citizenship rights. Absence of the democratic integration of Muslims in the structures of power since 1947 and the rise of anti-Muslim forces as palirical force 1989 onwards have resulted in the growth of bi­ased performance of governmental agencies damaging the trust and canfidence of the Muslim community vis-a-vis the State and governments.

Since 2001, Muslims in India seem to be more worried about dignity, freedom, security, equality, justice, development and peace-making which seem to indicate a para­digmatic shift from the demands for equality and social justice. Even non-Muslim offi.cers, who tried to perform their duties in accor­dance \vith the Constitution of India and service manuals particularly in the cases of anti-Muslim violence and bomb blasts, were either transferred or harassed. Some had to pay heavy price. There is hardly any eviden­ce of any condemnation or action against those played \vith the life, dignity, property and freedam of Muslims after .the Hindıetva forces captured power at the Union and in few states. The growing march of Hindutva to the centre of our nationallife has been dama-

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ging constitutional values induding security of Muslims. It is distressing that Hinduism's great edecticism which propagates tolerance, pluralism, indusiveness and a "live and let live" ethos has ceded ground to Hindutva, which upholds the unquestionable suprema­cy of militant, aggressive and chauvisit Hin­dus and the exdusion of those who do not obeythem.

Legitimacy of Legal and Political Institutions

Akin d of ra di cal shift, sine e 2014, from majoritarianism (a kind of Hindu State) to Hindutva-type of politics raises strong doubts about the erosion of the constitutional State mainly due to the decline of legitimacy of the governmental institutions in the eyes of the exduded Muslim in addition to Hindu majo­rity community and other communities w hi­ch do not endorse Hindutva. Wıth reference to the Assembly election results in March 2017, a constitutional jurist and Senior Ad-

. vocate, Supreme Court of India said: ''As I see it, we are on the threshold of a Hindu State (unconstitutional though it be). We are maving--not towards the soft Hindutva that Justice J.S. Verma spoke of in his judgment in the Manohar Joshi vs N. B. Patil Case (1995/, "not a religion but a way of life," but the hard Hindutva of v.D. Savarkar - "Hindu Rashtra (State), Hindu Jati (race) and Hindu Sanskrl­ti (culture)."8

Institutions are known for the per­formance of their constitutional and legal responsibilities to ensure and maintain cons­titutional institutions, processes, principles, values and policies. The growth and expan­sion of Hindutva forces have adversely affec­ted citizenship rights of Muslims in India and legitimacy of the constitutional S ta te. It is im­portant to note that Muslims (as the largest minority) are 'in the State' but not 'of the S ta te' refl.ecting visible exdusion in administ­rative, political, security and devdopmental

agencies. Thus, it indicates that violations of the eriterian of effective and proportionate participation in public affairs result in the remarkable loss of legitimacy of the institu­tions in the eyes of Muslims in India. Some of the following paragraphs can be cansicle­red examples (not mentioning several other cases of failure) of how the legitimacy erisis is grO\ving on the part of the governments (Centre and states).

The case of the demalition of the Bab­ri mosque is mentioned here for the purpose of understanding not only negligence on the part of the custodian of the Rule of Law but their silent support to the law-breakers who had been trained, organized and deployed with the full knowledge of the Central and state governments. This was not an sponta­neous work driven by un.known persons but a panned erime against Muslims and their Faith-a conspiracy hatched by the RSS out­fi.ts and the governments at the central, state and district levels. Demelition on 6 Decem­ber 1992 in Ayodhya (Uttar Pradesh state) triggered a relendess wave of bloodletting countrywide. Mumbai was particularly af­fected- it witnessed two rounds of violence in December 1992 and January 1993, whi­ch ultimately culminated in the serial bomb blasts in the city in March. The courts deda­red Yakub Memon guilty of playing a role in engineering these blasts, popularly perceived as retribution against the riots following the demelition in Ayodhya. Whereas the accused of the demelition and deaths of hundreds of Muslims in India and destruction of many re­ligious places and their properties remained free from the strings of the Rule of Law. 9 The Bahri Masjid demelition cases continue to languish at the trial stage, dogged by proce­dural problems, not the least because of what seems to be the changing stance of the Cent­ral Bureau of Investigation.

On 30 November 2016, the Supre­me Court of India said that all cinema halis across the country should play the national

anthem and that those present "must stand up in respect" to "instill a feeling within one a sense of cornmitted patriotism and natio­nalism." The Court said that the protocol of showing respect and honour to the anthem and flag is rooted in "our national identity, integrity and constitutional patriotism. "10The Court ciid not look into the sources of na­tional identity and constitutional patriotism which require political unity through democ­ratic integration of ciiversities, to share pri­vileges, incentives, opportunities and power and willingness for shared political destiny. In September 2016, the InciianArmy broke pre­cedent and announced for the first time that its troops had crossed into Pakistani-cont­rolled Kashmir and destroyed terrorist bases there in retallation for an attack by militants on an Inciian Army base. Anti-Pakistan senti­ment has also reached the big screen after a major Inciian cinema group announced that it would no langer screen films that included Pakistani actors. 11

The deliberate policy to exclude Mus­lims in governance and economic pursuits, the second biggest majority community in the country-14.23 % (2011 census), labeling them as Pakistani or pro-Pakistani or Bang­ladeshi (in Assam, West Bengal and TI-ipura) or with terrorism at the national level and lin­king most of the security threats to India with Pakistan at the international level are some of the core subjects of nationalism advocated by some political and militant forces which logically and politically motivate the majority and non-Muslim minorities against the 14.23 % of the citizens of the country. It lends an unambiguous support to the Hindutva brand of nationalism whose cacophony has already spread over Inciian firmament through chan­ting of Bharat Mata Ki ]at~ Vande Mataram (addressing goddess mother) and Gau Mata Raksha (prbtection of holy cow).

The thinking behind the order, seems to be consistent with the prevailing political scenario which makes the people believe that

the ongoing majoritarian rule led by Hindttt­va party-mainly B]P is not an aberratian but an accepted version of the modern democ­racy. The order sends a clear-cut message: Accept the supremacy of Inciian nationho­Öd and sacredness of its symbols otherwise they shall be enforced by State diktat or th­rough legal compulsions. 12 The state of Gu­jarat in the Westem part of India is known 'vorld-wide tor the massacre of Muslims in 2002 during the BJP government headed by Narendra Modi who became the Prime Mi­nister of Inciia in 2014. His government and political party fully backed by the Hindutva (RSS) organisations is well known for well organised violence and brutalities against the Muslim minority community in the state. In 2002, more than 2000 Muslims were killed and over 150,000 were displaced, caused lass of their properties worth US$1691 million. Gujarat witnessed 106 major violence against Muslims during 1987-1991Y

Organised Killings of Muslims and Terrorism Cases

The RSS outfits created for terror acts, bomb-blasts, fanning rumours, hatred and giving weapons-training to Hindus (male and female) have strong network of social media and local players feeding highly anti-Islam and anti-Muslim contents (in words and in photos/video) have not been prevented by governmental agencies as they are patenti­al threats to disturb social peace in 640,867 villages in Inciia where 68.84 percent people live. 3,967 villages have population of over 10,000. There are a number anti-Muslim Hindu militant groups operaring in different parts of Inciia which are directly involved in killings Muslims by swords, bamboos, guns, fire and other metal weapons and spreading hatred and rumours on the pretext of pro­tecting cow from slaughter and protecting cows. Few terror cases have been mentioned to lock at the legitimacy of the State. Some of them have been videographed and circu-

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lated through social media for terrorizing the whole community by showing wild power to attract commen masses.

Media agencies have repeatedly displa­yed the works of these eriiDinal groups as heroic works or something which encourage one community against the anather commu­nity. These.militant outfi.ts were also suppor­ted in many cases by the local pelice of:ficials and the BJP. At present, the rise of inteleran­ce and violence, hatred against Muslims is alarming. Biggest threat to Muslims in India is terrorism which started with the political rise of Hindutva in the country. There is a need to take a pledge today to practice to­lerance and to ensure that intolerance, with its inevitable corollary of violence, does not subvert our demecratic values and disfigure our way of life. We should resolve to promote tolerance in our multi-religious, multi-cultu­ral nation and thereby strengthen and enrich our pluralist democracy, which is the pride of our nation.14

Beef-Based Political Mobilisation.

Organised brutal killings of Muslims on the pretext of carrying cow and beef, their video recording and circulating throu- . gh s;cial media were called 'lynching'. by media houses in India but all of them were not done by mob but trained, arrned af!~ sponsored persons. Over 40 Muslims were killed recendy without any notice taken by the people in power. Only few cases are being mentioned. 50-year-old farrn worker Mohammad Akhlaq Saifi in Bishahra village, Dadri (Gautam Buddh Nagar District) near New Delhi was beaten to death and his 22-year old son Danish severely injured by an organised mob on 28 September 2015 night by organİsed Hindutva gangs allegedly over rumours that his family had been storing and consuming beef at home. They had in the­ir hands sticks, rods, bricks, pistols, swords and knives. At least two little-known arriıed

groups--Rashtravadi Pratap Sena and Samad­han Sena which were set up some six months ago, were fo~d involved. Asmat Khan, the headman of Kalanda, a neighbouring village said: "This area had never witriessed commu­nal dashes till six months ago. It is only after these ou~ts came up that every second day there are reports of dashes between commu­nity groups. Even minor incidents of fights betwe.en children are taking on a religious hue."15 The National Comrnission for Mi­norities on October 22 said that his killing was "pre-meditated." It was "disturbing" that "responsible persons" (referring to the BJP leaders) converge at such spots after the in­cident and "make irresponsible statements" further vitiating the atmosphere.16 Soon after the terror-killing, few known BJP leaders and outfi.ts visited the village and the families of the accused and assured full support. Two of the eighteen accused-Arun and Puneet got bail frm the High Court on 6 April20 17.

In the eastern part of the country, two cattle traders, Majloom Ansari (32) and Im­tiaz Khan ( 13), were beaten and hanged to death by terror groups mentioned by media as cow vigilantes in Jhabbar, Latehar on 18 March 2016 when they were travelling to the nearest fair to sell their cattle. Almost two months after the gruesome lynching of two cattle traders in Latehar, Jharkhand state, a fact finding report of the National Comrnis­sion for Minorities has questioned the role of the state palice in .containing the simmering communal tension in the area. The two NCM members who led the fact finding team, Fari­da Abdulla Khan and Praveen Davar, found that the palice ignored several complaints from the Muslim community against regional cow vigilante groups prior to the incident.17

The report mentioned that the pelice acted in a brazenly communal manner with the protesters who carne to file a report af­ter the killings.18 The report, in what it calls a "brazen communal reaction," mentions one sub-inspector of the Chandwa palice stati-

on, Ratan Kumar Singh, who is said to have "physically attacked several of the protestors and used extremely provocative, abusive and communally charged language against Mus­lims."19The report alsa said that the emer­gence of Gau Raksha Samitis ( cow protection committees) in the area was a relatively new phenomenon. The findings of the comm.ittee indicated that cow protection committees were centrally managed by Hindutva groups spread across India and have come to enjoy palirical patranage especially in BJP-ruled states. Noteworthy is that the ]harkhand ad­ministration was reluctant to adınit the asso­ciation of the fi.ve people arrested with cow vigilante groups. 20

There are other cases like-the Jaipur Case, Nagaur, Alwar killings, and several others involving atrocities against Muslims in India. A slew of happenings in the recent past have shak:en Muslims' faith in the sys­tem. Hardly a day passes when the Muslim community is not reminded that despite being as Indian as anybody else, he is "the other." Muslims face housing apartheid, are at par with Dalits in almost every Human Development Index and constitute a dispro­portionately high percentage of under-trials. The invariable reaction to a terrorist act is to raund up scores of Muslims, incarcerate and torture them. The honouring of an accused (who died of fever in jail) in the Akhlaq ly­nching, draping his casket with the national flag, the beef vigilantism, the Bharat Mata ki Jai controversy, the Assarn minister's racist statement differentiating between Hindu and Muslim migrants by referring to Muslims as enemies - these and other actions fill Mqs­lims with disquiet. Wıth Sakshi Maharaj, Yogi Adityanath and Giriraj Singh, mascots of the new nationalism, it is no surprise that Mus­lims are viewed as anti-national.21

The state police are yet to file charge sheet against BJP candidate from Sardhana seat in Meerut--Sangeet Singh Som iiı two cases related to the 2013 Muza.ffarnagar rio-

ts, three-and-half years after these cases were registered.22 A Special Investigation Team (SIT) has been probing both cases. He was arrested on September 21 and the National Security Act (NSA) was invoked against him the next day.23 The advisory board had revo­ked NSA on him on November 7, 2013. He has obtained bail in both cases from the local court of Muzaffarnagar. After he was relea­sed from prison, the Centre provided him 'Z' category security. The investigating offi­cer, however, is yet to charge sheet the BJP leader under IPC seetion 153A (promoting enmity between di.fferent groups on grounds of religion and doing acts prejudicial to ma­intenance of harmony) in the same case asa SIT application seeking prosecution sanction is stili pending with the state government.24

Bail was similarly denied to Moham­mad Aamir Khan, who was accused of 19 low intensity bomb blasts ( executed between December 1996 and October 1997 in Del­hi, Haryana and UP states that claimed five lives) terror charges and had to spend 14 ye­ars in jail in Delhi and Ghaziabad without his involvement. His father, Hashim Khan died while Amir was in prison. His mother beca­me bed-ridden when he was finaily acquitted inJanuary 2012. On the contrary, BJP leader and former Gujarat minister, Maya Kodnani, and several others who were directly involved in anti-Muslim violence in Gujarat in 2002 got bail even after conviction in riot cases. In a deeply affecting book he has written with Nandita Haksar, Framed asa Ten·orist: My 14-year Struggle to Prove My Innocence, he desc­ribes how when he was 20, one late-winter evening in February 1998, in a by-lane of Old Delhi, close to his home, he was picked up by pİainclothes policemen, and driven to a torture chamber.25 He recounts his days and nights of torture: Stripped nak:ed, his legs stretched to extremes, boxed, kicked, sub­ject to electric shocks, anti-Muslim abusive languages and threats to frame his parents. He finally succumbs, and agrees to sign nu-

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merous blank sheets and eliaries. As a result, he is charged in 19 cases of terror crimes.26

From here begins a nightmare that lasted nearly 14 years in solitary confi.nement in Ti­har and Ghaziabad jails. No judge asks him about the torture, nor do doctors record his torture wounds. Even more than his confine­ment, isolation, the brutal and de-humanised prison conelitions, and the hopelessness of his tortuous court proceedings, what grieved him most was helplessly watching his parents suffer outside.

The palice continued to harass his pa­rents, money for lawyers ran out, none came forward to help, as they were stigmatised as parents of a terrorist. Some judges were fair, that is how he was finally acquitted, case by case, over 14 years. At the same time, 9/11 September 2001) and the Parliarnent attack (December 2001) created a cornmunally-c­harged environment through the criminal justice system, and jailers began to openly humiliate Muslim prisoners, whose numbers

· also swelled in jail. J udges becarne elistant and cold. 27 More than seventeen years la ter, when the National Human Rights Commissi­on took note of the case (in December 2015) and issued a show cause notice to the Delhi government, asking for reasons why ~ should not be paid a monetary relief amount of Rs. 500,000 (about $7750) for his wrong­ful confinement.

Deadly Embrace

Alleged Hindtttva terrorists involved in various bomb blasts cases in Inelia--Sadhvi Pragya Singh Thakur and seven others were acquitted in the 2007 RSS pracharak Sunil Joshi murder case on 1 February 2017 by a Dewas court in Madhya Pradesh state whi­ch held that the state palice and National Investigation Ageney (NIA) conducted the probe with "prejuelice" and produced "weak and self-contraelictory evidences. "28 The First Adelirional District and Sessions Judge of

Dewas Rajiv Madhusudan Apte said while acquitting Thakur, Harshad Solanki, Vasu­dev Parmar, Ramebaran Patel, Anandraj Ka­taria, Lokesh Sharma, Rajendra Choudhary and Jitendra Sharma that the contraelictory evidences by palice and NIA in the case rai­sed serious doubts in the whole case. "29 She was not present in the court when the verelict was pronounced as she is undergoing treat­ment in Panelit Khushilal Ayurveda Hospital, Bhopal. Lokesh Sharma and Choudhary too were not present in court. Their lawyer Rag­huveer Yareli said: "My clients were absolved due to the contraelictory evidences ofindust­rial Area Police, Dewas, and the NIA, whi­ch were not found trustworthy by the court. This has been observed by the court in para 124 of the operaring order."30 Earlier, Sadhvi Pragya was given a dean chit by the NIA in the 2008 Malegaon bomb blasts case.

On 8 March 2017, a special NIA court acquitted SwarniAseemanand in the 2007 Aj­mer Dargah bomb blast case and senior Ras­htliya Swayamsevak Sangh member Indresh Kumar while three others have been found guilty of killing three people and injuring 15 others. The accused, who have been convi­cted, are Devendra Gupta, Bhavesh Gupta and SunilJoshi (dead). Judge Dinesh Gupta fo und former RSS pracharaks Devendra Gup­ta and SunilJoshi (who was killed in Decem­ber 2007) guilty, along with Bhavesh Patel, under Sections 120B and 295A of the IPC, Sections 3 and 4 of the Explosive Substances Act and Sections 15, 16 and 18 of the UAPA Act.31 Aseemanand is an accused in several other cases of bom b ing, including the one· at Hyderabad's Mecca Masjid in 2007 and the Samjhauta Express ( train running between Inelia and Pakistan) blast the same year.32 ·

Public prosecutor Ashwini Sharma told: 'We don't know why Aseemanand was acquitted despite his confessional statement. We can only know that once the full judg­ment is pronounced. The court found three guilty. Since Joshi is deceased, there was no

observation about him, but he was convicted to o. "33 The NIA is unlikely to challenge the bail granted on March 23, to Aseemanand in the 2007 Mecca Masjid blast case.34 The NIA had not challenged bail granted to Aseema­nand by the Punjab and Haryana High Court on August 28, 2014, in the 2007 Samjhauta Express blast case . . Aseemanand had been represented by then BJP's legal edi chief Sat­ya Pal J ain. A former Member of Parliament, J ain is now Addirional Solicitor General and a member of the Law Commission. Interes­tingly, trial in many Hindutva terror cases have been delayed.35 0n 22 March 2017, the Special NIA Court sentenced to life two RSS pracharaks Devendra Gupta, 41, andBhavesh Patel, 39 for Ajmer blasts in 2007 but the Ju­dge Dinesh Gupta ruled out a death senten­ce. He said: "Gupta's active involvement" had been found in the blasts for he arranged the SIM card used in the timer device. He is not an inactive party but has constructive liability. "36 Gupta is known for arranging SIM

. cards that were used for the Ajmer explosion. Patel is from Bharuch, Gujarat and an active Hindutva activist. He had spent two years in jail for throwing bombs in a mosque 4ı Bha­ruch on 28 February 2002. At the same time, the court questioned the NIA on its dean chit to two other accused, Ramesh Gohil and Amit, as well as "suspicious persons" such as senior RSS leader Indresh Kumar, Pragya Singh, Rajendra Chaudhary and Jayant.

Evidendy, somehow diluting the cases of Hindu terror cases seems on top of the Sangh Pan·var agenda. In the case-Malegaon blasts, 2008 involving Lt Col Prasad Shrikant Purohit, the Anti-Terrorist Squad (ATS) had said that blasts were carried out by Muslim youths in an attempt to spark communal ri­ats. The RDX for the bombs came from Pa­kistan and a Pakistani national, Muzammil, assembled them in Malegaon. A bomb each was planted by accused Noor-ul-Huda, Ra­ees Ali and Abrar Ahmed.38 On the contrary the NIA said that the RDX was procured in

India. In fact the explosives were allegedly planted by Dhan Singh, Rajender Chaudhary, Ramji Kalsangra and Manohar Singh. Dhan Singh is alsa connected with the Samjhau­t~ Express Train and 2008 Malegaon blasts. Anather Samjhauta blast accused, Lokesh Sharma, provided logistical support.39

The N'!Ks painstaking effort since 2011 to unravel the role of Hindu extremists got affected after the BJP led coalition atta­med power at the centre.40 The NIA under the BJP-led regime seems reluctant to pro­ceed with the cases where the role of Hindu terror networks has come to the fore. Guar­ded by Army personnel, Lt Cal Prasad Shri­kant Purabit was granted bail by the Supre­me Court on 21 August 2017. A Supreme Court bench of Justices R K Agrawal and A M Sapre set aside an order of the Bombay High Court which had denied him bail.40 M­ter bail, he was escorted by a team of Army personnet to the Calaba Military Station on the pretext of threat to his life. At the time of his arrest in 2008, Purabit was working with the Southem Command Liaison Unit (SCLU) of Military Intelligence, and had en­rolled for a course in Arabic language at the Army Education Corps Training College and Centre at Pachmarhi in Madhya Pradesh. Before joining the course, he was posted at Deviali in Nashik as part of his deputation ,vith the SCLUY

The Congress and the BJP governm.ent on traded barbs at each other, with the for­mer accusing the latter of "protecting" all the accused "connected to the RSS"Y The op­position party alsa raised questions over NIA chief Sharad Kumar getting two extensions. Meanwhile, a Muslim politician, Asadud­din Owaisi said: "In the larger picture, since 2014, sincePrime Minister Narendra Modi took the charge at the C en tre, there has been a pattem in such cases. All the cases invol­ving the Hindus as the alleged accused are dropped. "43 It would be in teresring to note that a 2011 inquiry report of the Directorate

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General ofMilitary Intelligence (DGMI) had found his presence in several of the Hindutva group meetings to be "illegal".44 The DGMI probe, which began in October 2008, shortly after Purohit's name cropped up in the 2008 Malegaon blast, revealed that beginning Oc­tober 2007, Purohit used his "relaxed work environment" at the Arm.y Education Corps (AEC) 'fraining College to hold meetings and negotiations with Hindu radicals inciueling Art of Living guru Sri Sri Ravishankar.~5

Among his various records of absence from the AEC college, the DGMI report de­tails one on December 24, 2007: "The me­eting was attended by Vılas Pawar of Sree Ram Sena (Karnataka), Pramod Muthalik of Hindustan Rashtriya Sena, Bharat Rates­hwar alias Bharat Bhai ofVıvekanand Kend­ra (Gujarat) and Dr Seetharamaiah (Andhra Pradesh). Abhinav Bharat (the radical orga­nisation founded by Purohit) was represen­ted by Sudhkar Chaturvedi, Ajay Rahirkar and the offi.cer. "~6 On February 16-17, 2008, the report said that Purabit visited Kolkata and interacted with Baogladeshi national Raju Saha for weapon procurement. "Swarni Aseemanand, Ms Himani Savarkar, Same­er Kıılkarni and Bharat Bhai were present in KalkataY Between March 3 and March 15, 2008, the report said, Purabit met "RSS chief Sri Sudershanji (former RSS chief K S Sudarshan) at Jabalpur and apprised him on (RSS leader) Indreshji's linkages with ISI (of Pakistao)".~8 In the same period, the report said, during his stay in Pune, Purohit recei­ved one 9 mm pistol, along \vith 12 rounds of amınurution from Rakesh Dhavde, an ac­cused in the Malegaon case. He also directed Ajay Rahirkar, Abhinav Bharat's treasurer, to give Rs 3.2 lakh to Dhavde for weapon pro­curement.~9

On Aprilll-12, 2008, the report said, Purabit visited Bhopal and organised the first public meeting of Abhinav Bharat. At the meeting were Aseemanaod, Shankara­charya alias Amritanand Dev Tirth, Sadhvi

Pragya, Rarnji Kalsangra and Sandeep Dange (all accused in various Hı"ndutva terror cases). The report said: "The officer initially denied his presence at the meeting buton canfren­tation 'vith Sadhvi, Lt Col Purohit admitted of his illegal presence during the function."50

The report alsa gave details of Purohit's ac­tivities during the period leading to the Ma­legaon blast on September 29, 2008. Accor­ding to the report, he took leave and visited Indore, Mumbai and Ujjain between August 1 and August 3, 2008. At the same time, "we­althy RSS supporter" Shyam Apte and Ab­hinav Bharat's Ajay Rahirkar alsa t:ravelled to Indore to meet Shankaracharya. During the meeting, the report said, Shankarachar­ya and Purohit took Rs 5 lakh from Apte to buy a vehicle and a grenade, the report said. The same evening, Purohit fl.ew to Mumbai where he m et Praveen Togadia. 51 Between August 29 and September 27, 2008, Purohit again t:ravelled to Ujjain and Indore, where he met various people associated with Ab­hinav Bharat and alsa those involved in the Malegaon blast.52 The report said: "Lt Col Purohit did not agree to his t:ravel to Indore, but on confrontation with tech inputs, confir­med his presence. It appears that B.nal prepa­ration for IED in Malegaon was underway. "53

There are alsa cases of some journa­lists and writers who were killed due to the­ir opposition to Hindutva. Senior journalist, publisher and well known eritic of Hindutva and BJP, Ms. Gauri Lankesh was shot dead by three bullets at her residence at early night time on September 6. In November 2016, she was sentenced to six months in jail after a defamatian case was filed against her for a report against BJP leaders. Critics called her a naxal sympathiser, anti-national, anti-Hin­du and a host of other na.ınes.54 The case is reminiscent of murder cases of secularists N arendra Dabholkar, M. M. Kalburgi and Govind Pansare during 2013-2015 Fingers have been raised on radical Hindu outfits.55

Hüzdutva militant Bhuvith Shetty had twee-

ted in celebrating Kalburgi's murder: "Mock Hinduism and die a dog's deatb. And dear KS. Bhagwan you are next." He was held for the murder of one Harish Poojary in 2016 apparently because he mistook Poojary to be a Muslim.56

38-year old Gujarati businessman, Nikhil Dadhich, followed by Prime Minis­ter Narendra Modi on Twitter, was· at the centre of a storm over this tweet {(Ek kutiya kutte ki maut kya mari saare pille ek sur mein bilbila rahe hain'' (a bitch died a dog's death and the litter began wailing in one voice),57

he put out shortly after the killing of Gauri Lapkesh Three days later when he was as­ke9, · he said, "It was a normal tweet". From Napas.ar in Bikaner district of Rajasthan, Dadhich was a regular at the RSS shakha (morning Assembly) in his village. He is stili a regular at the shakha. His fallawers include Union Minister Giriraj Singh and BJP North Gujarat media in-charge, Parag Sheth.58 BJP legislator in the State of Karnataka, D N Jeevaraj said in a speech in Chikamagaluru district that she would have been stili alive if she had not published an article against the RSS titled 'Chaddigala Maranahomo (Last rites of the RSS)'. He later claimed he had been wrongly interpreted.59 Former Union Minister, member of the Congress party and kİıown legal expert makes60 a good summary of the situation existing in the country in the cantext of the damages done to the country:

The steady rise of the ugly Indian sillee 2014 has gained traction. The organs of the body politic have begun to atrophy. Blatantly partisan electronic media channels dissemi­nating views not news ....

Either the palice is inept or is not wil­ling to effe~tively investigate. . .. prosecuti­ons are few .... When prosecuted, the wheels of justice show no alacrity for closure. Bail is granted routinely. Vıolence has become the norm. We have ugly Indians on TV chan-

nels .... Reason has no place and there is no virtue in dialogue.

Yet anather genre of the ugly Indian is the one who trolls on social networking sites. He is abusive, arrogant, muscular, intolerant, dismissive and condescending. Repeated lies by paid trollers bury voices of sanity. The ugly Indian is gaining ground and we are silent.

The judicial system is often manipu­lated. Investigating agencies take U-turns to help the guilty. They llsten to their masters in the corridors of power. Perpetrators of vi­olence are rewarded by the state. I hope so­meone rises to the occasion to put a stop to this atrophy. Somewhere, the state is failing us and we the state. For the ugly Indian, ach­he din (good day) have arrived.

So much of violations of the Rule of Law and the Muslim-bashing perpetrated by several Hindutva militant and hate groups with the little fear of the Administration are quite damaging to the process of Nation-bu­ilding which requires constitutional State, ef­fective govemments, civic or at least respon­sible palirical parties, effective judiciary and participatory democracy. Nation-building is basically about developing individuals' nati­onal identity on the basis of tolerance, com­promise, accommodation and partnership in cultivating cansensus over shared palirical destiny. It requires constitutional and gover­nmental institutions to reflect proportiona­tely in their composition and political parties not to be based on the policy of putting one community against anather community. Na­tion-building requires shared political valu­es, shared political goals, inter-community trusts, effective judiciary, Rule of Law and shared ownership of the nation. This objecti­ve is under threats because the RSS has inc­reased its anti-minority tirades.

Ours is a plural society and a culture imbued with considerable doses of sy.ncre­tism. Our population of 1.3 billion compri­ses of over 4,635 communities, 78 percent of

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whom are not only linguistic and cultural but social categories. Religious minorities cons­titute 19.4 percent of the total. The human diversities are both hierarchical and spatial. The challenge is to look beyand the stereoty­pes and preconceptions that prevent us from accepting others. The urgency of giving this a practical shape at national, state and local levels through various suggestions in the pub­lic domain is highlighted by enhanced appre­hensions of insecurity amongst segments of our citizen body, particularly Dalits, Muslims and Christians.61

On the eve of 67ili Republic Day, Pre­sident of India made the fallawing remarks­the country's strength lies in its pluralism and diversity and that India has traditionally ce­lebrated the argumentative" Indian; not the "intolerant" Indian. Multiple views, thoughts and philosophies have competed with each other peacefully for centuries in our country. A wise and discerning mind is necessary for democracy to flourish. More than the unison of ideas, a healthy democracy callş for con­·formity to the values of tolerance, patience and respect for others. These values must reside in the hearts and minds of every In­dian; inculcating in them a temperament of understanding and responsibility. 62 The.re is an urgent need and political necessity for· political parties, administrative and respon· sible actions including judiciary, media and intelligence to drive the State towards the constitutional objectives, political expedien· ey, demecratic expectations more in line with Green's 'real will' and Kantian 'categorical im pera tives'.

Endnotes

(•) Profmor Dr., D~rtn1~111 of Politicaf Scinıce, Aligarh Mıııfim U11i· venity, INDCA

(1) "EVM 'wnpering': SC sceks EC reply on probe plea," The bulıim Express, 25 March 2017, hnp:/(ındianexpress.com/aniclefmdial evm·tıımpcring·sc-seekHc-ıc;:;ly-on-probe-plea-4584490/

(2) lbid. (3) Arshi Klıa.n, "Hindutva and Terrorism: lmplications for Federal

Indio," D~fnıu Agaimt Terrorism Review 3, no. 1 (Spring 2010): 25·52.

(4) Tb~ Tel~graph (Calcuna), 8 Ja.nuary 2011, front page. The ruling Congı:ess pany asked the Centt:ıl government on 7 January 2011 to review its appronch towards the Sangb parivar (fascist Hindu militanı orgıınlzations) in ilie ligbı of purported confessions of a

top functionary that he and his coUeagues were involved in bom­bing the Sıırnjhauta Express, ilie ttain linking India and Pakistan. The pany is now convinced of the urgent need to take tougb acti· on against the RSS and its sister organisations. Congress spokes­pcnon Shakil Aluned said: "The involvement of Canatic Hindu groups in ıenor activities has not only posed a grıave tbreat to our internal securiıy, it has :ılso weakened India's positioo in the world on cross·border terrorism. • He said the BJP, wlıich is the political wing of the &shtriya Swayam s~akı (mother of the Sangb pan·uar) and bas ruled the counay for six years, should introspec:ı if its assodation with such elements and the attempts to binder investi· gations into terrorism were in national interest. Previous Congress · govemments had banned the RSS thrke in the pası • fust after Mabntma Ga.ndhi's assassination in 1948, thenin 1975 during the Emergency and in 1992 after the demolition of the Babri Masjid. Digvijaya Singh of the Congress, who has positioned himselfas the most vocnl eritic of the RSS, asked the B]P to sıop obsttu· cting and mıılignlng the investigating agencies as they did when the Iate Hemant Karkare was probing Pragya Singb and others. He snid: "L. K. Advonl and Rajnath Singh had even approached PrimeMinister Marunohan Singb in Pragya Singh's defence (who is involved in bomb blast killings in Wesıem India). The B]P is oomınitting the same mistııke by defending the new suspeets and questioning the integricy of investigative agencies.•

(5) Arshi Klıa.n, "High Coun Verdict on the Babri Mosque: Implicati· ons for the Rule of Law," Maıiıstream XLVIII, no. 43(2010): 6-10.

(6) S imilar concerns were made by ilie Freedom House wlıich indica­tes, thousa.nds of cases of ı:raf6cking in persons, physical violen· ce against low cııste people, women, and children, eıcırajudicial killin gs by potice forces, and ineideats of religious discrimination are ignored by bribed judges and corrupt cops. In addi tion, India is facing inercasing political instabilicy from homegrown religious extremists, especiaUy Hindu extremists as represented by the RSS and BJP. Violence againsı Christians is on the rise. Reponedly, more Christians wc re anacked or kiUed in 2005 than in any previ· ous yeıır. Hindu exıremists have placed a panicular focus over the past few years on forcibly rcmoving Cluistians from Inclia. Using a rise in insurgent violence as o pretext, Hindu nationalisı organi2a· tionsin 2005 caUed for nationwide violence against Cbristians and for legisLıtion limiting religious conversion. "Monitoring Respect for Human Rights Around the World: A Review of the Country Reportson Human Rights Practices for 2005," Testimony ofNi'na Sbta, Director, Center for Religious Freedom, Freedom House, before the Comminee on International Relations U.S House of Representativcs Subcomıninee on Africa, Global Human Rigbts and lntemntion:ıl Operotions, March 16, 2006, 8·9.

(7) hnps://factlr.inlcommunal·incidents·in-india-sracistics-.57 -com· mun:ıl-incidents·pcr·month-last·4·years-85-these-incidents·hap· pcn·in·S·states/

(8) Fali S. Nnriman, "Lt-st we crawl," The bıdiaıt Express, 25 March 2017, hıqı:/fındianexpress.com/anicle/opinioıı/coluıxınstbjp·elec· tions·uttar·pradesh-hindutva-narenclra-modi-congress-4584270/

(9) Ajaz Ashnı.f, "In the times of 'ı:hlrub Memon, remeınbeı:ing the Babri Masjid demolition ca ses," Scroll.ıiı, 29 July 2015.

{10) "What Supreme Coun said on National .Anıhem, respect and tolerance, 30 yrs ago," Th~ bıdiaıı Express, December 1, 2016, hnp:/fındianexpress.com/a.rticle/explained/suprem.e·coun-C?n·na· tional-anthem·in-theatcr·notional·flag·4403856/

(ll) EUen Bıuıy, "India.n Cinemas Must PLıy the National.Anthem, Supreme Coun Rules," ~ New lerk Tınıes, November 30, 2016, hnp://ww\\'.Oytimes.com/2016/11/30/world/asial'mdia<ine· mas·notional-anthem.btml? r=O

(12) Jaspal Singh Sindhu, "Sup~e Coun Verdict On National Ant· hem Mandates Hindutva Nationalism," Coulltt!T Currents, De­ceınber 5, 2016, hnp://www.countercurrents.orgf2016/11/05/ suprerne-court·verdict·On·national·anthem·mandates·hindut­va·nationalism/

(13) "Persistent .Anti-Muslim Violence in India (1992-2015): gai· nen and Losers," Asia Times, October 25, 2015, hıqı://www. atimes.com/article/persiste.nt·anti·musüm-violence·in·in· dio-1992-20 1 5-gainers-and-loseıs//

(14) Soli J . Sorabjee, "The duty to practise tolerance," The lıı· diaıı Expws, 2} March 2017, bnp:/(mdianexpress.com/ orıicle/opinion/columns/indian·constitution-human·righ· ts-duries-the-duty·to·practise-tolerance-nahid-aften·padmava· ti-fatwa-muslim-clerics-4581042/

( 15) "India 'bcef' lynching: Locol groups fanning anti-Muslim vio· lence?" BBC News, Ocrober 2, 2015, bnp://www:bbc.com/newı;l world·asia·india-34421417 ·

(16) i\hnoj C G., "Dadri l~ııching pre·meditated: Calling it an acci· denton unde~taıement, says NCM," TIM Lıdian E,prns, Ocıober 22, 201,, http:/{ındi:ıne:q>ress.com/artidc:fındiafmdia-news-in· dia/dadri-lyncbing·was·premeditaıed·moral·policing·sprea· ding-fasr-national-ronımission-for-minoriries/

(17) Ajoy Ashiıwad Mabaprashma, "Minoriries Commission Sees 'Bnııen Communal Bias' in Jharkhnnd Police Handling of Late· har Lyncbing," Tlı~ \\7ire, M ay 24 2016.

(18) bttp://thewire.in/38163/minorities-commission-sees-braıen-com· munal·bias-in·jharkhand-potice·handting-of-latehar-lynching/

(19) Ibid. (20) lbid. (21) Abdul !Oıatiq, "\Ve, the other," TIM Ind ian E"fJrns, Januory 26,

20 17 .http://indianeı<press.com/art icle/opinion/columns/mum · bai-high-court·mohsin-shaikh·murder-muslims-işlamopho· bia-4491674/

(22) Manish Sahu, "Muıaffamagar riots: Three yea~ on, potice yct to charge sheet BJP candidate in two ca ses," TM Indiall Exprns, 1•· nuıuy ı8, 2017, hnp://indianexpress.com/arıicle/ciries/lucknow/muzaffaroa· gar-riots·three-years-on-police-yet-to-chargesheet-bjp·candida· te·in·I\VO·cases-4479394/

(23) Ibid. (24) Ibid. {2)) Harsh Mander, Framed ııs a ıerıorisı: Mohaııım:ıd .1\:ıınir lOı:ın's

H rears behind the bars Hıiıdt~slall Tımts, J:ınuıuy 26, 20ı6, http://www.hindustontimes.com/annlysis/framed-as-a-terTorist· mohommad-aomir-khan·s·14·years-belıind-the-bars/story·1JnysS· HMjOyCj8yXf15lrN.hrml

(26) Ibid. {27) Ibid. {28) "SadhviPragya acqu.ined in SunilJoshimurdercase," mid-day.com,

February 2, 2017, bttp://wwu·.mid-cby.com/artides/sadhvi·prag· ya-acquined-sunil-joshi-murder-case-mumbai-news/ı7959ı65

(29) Ibid. (30) Ibid. (31) Mabirn Praıap Singh, "Swruni Aseemanand among 7 acquined,

three convicted in 2007 Ajmer shrine blm," TIM Indian E>.prns, March 9, 2017, 1·2, http://indiane.\-press.com/artidefındia/swa­rni-aseemannnd-among· 7 ·acquined-ıhsee-convicted-in-2007 ·ai· mer-shrine-blost·4561217/

(32) "Ajmer blnst case: Three convicıed, Swarni Aseemanand &eed," TIM Statesman, Mareb 9, 2017, http://u'lvw.tbestaıesm:ın.coaı/ india/ajmcr·blast·case·ıhsee-convicted·swa.mi-aseemanand·fre­ed-ı488974572.htınl "Aseemanand freed in Ajmer blast case," Oman Tribımı!, March 9, 2017, http://omantribune.com/deta· ils/31568/ "Swruni Aseemanand acquined in Ajmer bl:ist ense as NIAconvicıs three," Tlıelndion E"fJrns, March 8, 2017, 1-2. http:// indioncxpress.com/artide/india/njmer·blnsı·case·nia-court·swa· rni-aseemnnand·acquited-4560372/ "Swarni Aseemanand ocquit· ted in Ajmer blast case: A brief tinıcline," March 8, 2017, http:// indianexpress.com/article/india!ojmer·blast·case-swami·asee· manand-nia--I:S60388/ "Swarni Aseemanand acquined in Ajmer blast ense: All you wanıed ro ksıow obour Aseemana.od case," TIM Financial Express, March 8, 2017. http://www.financialexpress. com/india·ncws/ajmer-blası-verdict·swami·aseemanand-acquit· ted-all-you-wanted-to·ksıow·about·the-case/579709/

(33) Mabirn Prntap Singh, "Swarni Aseemanand among 7 acquined, three ronvicıed in 2007 Ajmer shrine blnst."

(34) Deeptimnn Tıwnry, Sreenivas Janynla, "Mecca Masjid blası: NIA may not comesr Aseemanand bail; The !Jıdian E>.prm, March 24, 20 ı 7 ,http://indiane.-qıress.com/articlc:fındia/mcc· ca·masjid-blast·ajmer-sharif-dargah-nia-may-not-contest·aseema· nand-nabakumar-sarkar-bail-45830 ı 1/

(35) Ibid. (36) Mohammad H= Klıan, "Ajmcr blasts case: Life temı for two

ex-RSS pracharaks," The Lıdia11 E'prns, 23 March 2017, 1·2, http://indianexpress.coın/article/india/ajmer-blast-case·tWO·r· ss·prncharnks-sentenced-life-irnprisonment-4580944/

(37) Maıeen Hafcez, "NIA to nail Hindu rodicals in Malegaon char· ge sheet," Tlı~ Timts of lndia, 13 M ay 2013. http://tinıeso6odia.

indiarimes.comfındia/NIA-ıo-nail-Hindu-radicals·in·Malegaon·c· bargesheeı/artideshow/20020578.cms

(38) Ibid. (39) M. K Venu, "Modi Govemmenı is Playing a Dangerous Gamc

by Politicising NIA," Tht WIRE, April25, 2016, https://tbewire. in/31341/modi-govemmenı-is-playing-a-dangerous-gaıne-by-poli· cicising-nia/

(40) "Rcleased from jail, Lı Coloncl Purohit attends court", The Lıdia11 E"fJrns, 24 August 2017. hnp:/{ındi:ınexpress.rom/artide{ındia/2008-malegaon-blast·relea­sed-&om-jail-lt-coloncl-purohit·attends-coun-48ı ı874/

{ 41) "Freed on bail, Purohit geıs Army escon d uc ıo 'threaı to his life", The Lıdian Exprm, 24 August 2017. hnp:/{ındi:ınexpress.coın/articlc:fındia/freed-on·bail-purohit-gcıs­army-escon-due-to·ıhseat·to-his-lile-4810482/

{42) Malegaon blası accused Lt Col Purohit gets bail; Congress ac· cuses govt of 'proıecting nU RSS-connected accuscd', The Lıdian &pres, 21 August 2017. lıttp://indianexpress.com/arıicle/india/malegaon·blast·accu­sed-lt·col·purohit·gets·bail·congress·accuscs·govt·of·protec· ting-all·rss-connecıed-accused-4807017/

{43) Ibid. {44) "Probe said Pusohit held 'illegal' meetings with radical Hin·

du grOI!ps", Tbt /ıulıiıu &prw, }1 August 2017. hnp:// indiane;..-press.coın/orticle/indi:ı/lt-col-pruad-shrikant·puro· hit-malegaon-blast-probe-said-purohir-held·illegal-meerin· gs-with-radical-hindu-groups-4821363/

(45) lbid. (46) Ibid. {47) Ibid. {48) Ibid. {49) Ibid. (50) Ibid. (51) Ibid. mJibid. (53) Ibid. (54) Shantanu Guha Ray, "Gnuri Lankesh's murder sends shockwaves

across Bengaluru: Right \ving eritic took ıhsee bu U ts to the chest', FIRS1POST, 6 September 2017. hnp://www.firsıpost.comfındia/gauri·lankeshs-murder·sends-sbo­ckwaves-across-bengaluru-staunch-right·wing·c.ritic·took·3·bul­leıs-to-the-chesı-40ı2993.html

(55) hnps://tbewire.in/174439/gauri-lankesh-joumalist·killed-obiru­ıuy/

(56) hnps://thewire.in/174396/gauri-lankesh-notcd·joumalist-dissen· ter-shot-dead-bangalore/

(57) ParimalA Dabhi , Kıımaal Saiyed, "Surat ırader foUowed by PM Modi on Twitter: 'I never heard of Gauri Lankesh, I w asa nobody until that tweet"', TM I11diım Exprns, 9 Seprember 2017. http:// indianexpress.com/article/india/i-never-heard·of·gnuri-lankesh·i· was-a-nobody-until·that·tweet·48350281

(58) Ibid. (59) Johnson T A and Arnrita Duna, "The Gauri They Knew.', Tk

Lıdian E"fJrd$, 9 September 2017. lınp://www.onlinebharatnews. infındian·new~tbe·gauri-they·ksıew·ıhe·indian-~-pres~

(60) Kııpil Sibal, "Rule of the ugly Indian", The l11dia11 5.-prm, ll Sep· tember 2017. hnp://indiane.\-press.com/artidelopinion/column~ acbhe-din-gauri-lankesh-vigilantism·farmer·suicides·agrarian·cri· sis-casıeism·rule-of-the·ugly·indian·4837599/

(61) hnp://www.firsrpost.coın/india/full-text-of-hamid-ansaris-fi­nal-speech-as-vice·pre.sident·why-pluralism·and·secularism·a· re-essential-for·our·demoeracy-3902451.htınl

(62) "President Multbeıjee batsfor simultaneous polis in his Repubtic Day eve addsess," Tht Lıdia11 Exprt!U,]anuıuy 26,2017. http://www. n ewindia nexpress. com/nation/20 17 /ja n/25/pre· sident·mukherjee·baıs-for-simultaneous-polls-in·his-repub­lic-day·eve·address· ı 563478.html hıtp://wwv,o.rhehindu.com/news/nationai/Intolerant-Indi­an-was-never-celebrated· Presidenı/ortide 17093255 .eec

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