Ram Puniyani
On October 25 (2016) the seven member
Supreme Court Bench started hearing to revisit ‘Hindutva’ cases. These are
group of cases where the use of term Hindutva-Hinduism to be used during
elections is to be opined. One such case was that of Manohar Joshi who in his
election speech said that if he is voted to power he will work for making
Maharashtra as the first Hindu state in the country. In another incident Bal
Thackeray, Shiv Sena founder and supremo of BJP associate Shiv Sena, said in November 1987, declared that his party is contesting
elections “for the protection of Hinduism, we do not care for the votes of the
Muslims. The country belongs to Hindus”. And “[The Muslims]
should bear in mind that this country is of Hindus, the same shall remain of
Hindus... if Shiv Sena comes to power… everybody will have to take diksha (initiation)
into Hindu religion.”
The 1995 Judgment,
where Justice Varma opined that the word ‘Hindutva’, “is used and understood as
a synonym of ‘Indianisation’, i.e. development of uniform culture by
obliterating the differences between all the cultures coexisting in the country.”
This came to be known as ‘Hindutva as a way of life’, judgment and became
popular as ‘Hindutva judgment’, was used by RSS combine to reinforce their
Hindu rashtra agenda. In Guruvayoor temple case again similar opinion was
given. Also one recalls that way back in 1966 in a case involving Satsangis,
who were asking for status of a separate religion, the court had given the
similar opinion, that Hinduism is a way of life, so where is the question of
Satsangis being given the status of a separate religion? This does not exhaust
the list of such judgments in this category.
Teesta Setalvad, eminent social activist,
has intervened in the court in the matter with an application stating that
religion and politics should not be mixed and a direction be passed to de-link
religion from politics. The hearing of the case is on. This is a great
opportunity for the court to clear the air about the terms Hinduism and
Hindutva. So far many opinions have been given that since Hinduism has so much
diversity, so it is not a religion and that it includes all the communities so
‘it’s a ‘way of life’ The words Hinduism and Hindutva have been used
interchangeably many a times.
The confusion and nature of the word
Hinduism and Hindutva emerge as Hinduism is not a prophet based religion; with
a clear cut single Holy book the teachings of the prophet or a single God. Its
nature is different from prophet based religions like Christianity, Buddhism,
Islam and Sikhism for that matter. It has been identified with Vedas, where the
life and norms of Aryans is expressed. In matters of faith starting from
animism to atheism may come under its umbrella. The term Hinduism itself came
into usage from eighth Century onwards. The term was coined by those coming
here from Central Asia and they coined the word Hindu as a derivative of the
word Sindhu which they had to cross to this part of the sub continent.
Essentially what were prevalent here were multiple religious traditions,
Brahmanism, Nath, Tantra, Siddha, Shiava Siddhanta and later Bhakti also. The
first construction of Hinduism takes place to refer to these diverse
tendencies. Later Hinduism as religion starts being referred to for the people
around these sects. Jainism and Buddhism were also present in good measure.
With British coming the construction of Hinduism became well delineated. With
seeds of communalism coming up Hinduism started being contrasted against Islam
and Christianity in particular.
 |
| VD Savarkar |
In late early twentieth century ideologue
of Hindu nationalism, Savarkar put forward the concept of Hindutva in a sharper
way to present it as ‘whole of Hinduness’, i.e. it includes Hindu religion as
conceived by them and also it includes the politics of Hindu nationalism. So
inherent in the term was religion, Hinduism, which had the dominant part of
Brahmanism, and it was blended with the Hindu nationalism. Hindu nationalism
was being projected by the upper caste, landlord-kings sections of Hindus who
were weary of the emerging “India as a nation in the making and accompanying
ideas of Liberty, Equality and Fraternity. The Hindu nationalists upheld the
scriptures like Manu Smiriti, while the majority of Hindus led by Gandhi were
aspiring for secular democratic ethos.
Hinduism is the most complex umbrella
where interpretations are dominated by the caste factors. Ambedkar does point
out that Hinduism is a Brahmanic theology. Other streams of Hinduism. Nath
Tantra, Bhakti etc. have been marginalized and undermined and it’s around
Brahmanical hierarchy that Hindutva movement has emerged. It’s clear that
Hinduism is not the religion of all the Indians. Also that Hinduva has been
built around Brahmanical stream of Hinduism. This complex understanding needs
to be unraveled before opining on the Representation of People’s Act. In S. R.
Bommai case the court the Supreme Court recognized the value of this
understanding of terms Hinduism-Hindutva. Justice B.P. Jeevan Reddy wrote, “To
fight elections on a plank of religion, was tantamount to eroding the country’s
secular fabric.” But, barely a year later, this was subverted when India’s
secular credentials came to be undermined with the rulings known as ‘Hindutva
cases’.
The foundation of this understanding is
already there in what Dr. Ambedkar writes, B.R. Ambedkar, who played a sterling
role in the RPA’s drafting; his aim was to ensure that the statute conformed to
secular principles. “I think that elections ought to be conducted on issues
which have nothing to do with… religion or culture,”. Further that “A political
party should not be permitted to appeal to any emotion which is aroused by
reason of something which has nothing to do with the daily affairs of the
people.” This is the spirit of Indian Constitution which wants to separate
religion from politics.
It is a Historic opportunity for the Court
to set the matters straight and put the norms back to the basic structure of
Indian Constitution, the values of secularism. And finally Hindutva is
revolving around Hinduism which is religion to be sure.
[November 09, 2016]
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