EDITORIAL

Law and religion

The arrest of Kanchi Shankaracharya Jayendra Saraswati for allegedly masterminding the murder of a former aide has once again revived the age-old debate on law and religion. One question that is often asked in multi-religious countries like ours is: how far should the arm of the law go in tackling real and perceived criminals among religious authorities and institutions. In the present case, for instance, Hindu outfits are up in arms not only in this country but also in the adjoining Nepal. They are convinced that the Shankaracharya, one of the highest priests of the religion, has been made a victim of politics: the manner of his arrest, of course, has upset even atheists. How can such thinking nevertheless absolve the Shankaracharya of serious charges he faces at this juncture and........more

Right approach

Trust National Security Adviser J.N. Dixit for calling a spade a spade. Having the well-earned reputation of pugnaciously arguing his case he has echoed the anguish of many over the flip-flop approach...more

News Analysis
Spotlights on Kashmir valley alone

Why little importance
to Jammu, Ladakh?

By B L Kak

An emotion when once aroused tends to persist and leaves behind an emotional mood which can, in the initial stage, lead to the subdued expression of discontent. The phase of this type of discontent is already over in the all-important...........more

Trusted Advani
to revive party

By Atul Cowshish

The rather abrupt manner in which Lal Krishan Advani was appointed as president of the Bharatiya Janata Party-for the fifth time-- in place of his protégé, Venkaiah.....more

Politicks of a Swami's
discomfiture

Dr. R. L. Bhat

Law is, and should remain, equal to be the universal cannon that modulates people's behavior and pronounces a set......more

EDITORIAL

Law and religion

The arrest of Kanchi Shankaracharya Jayendra Saraswati for allegedly masterminding the murder of a former aide has once again revived the age-old debate on law and religion. One question that is often asked in multi-religious countries like ours is: how far should the arm of the law go in tackling real and perceived criminals among religious authorities and institutions. In the present case, for instance, Hindu outfits are up in arms not only in this country but also in the adjoining Nepal. They are convinced that the Shankaracharya, one of the highest priests of the religion, has been made a victim of politics: the manner of his arrest, of course, has upset even atheists. How can such thinking nevertheless absolve the Shankaracharya of serious charges he faces at this juncture and because of which he is presently lodged in a jail? Why don't religious zealots realise that no useful purpose would be served by beating about the bush when the matter is listed before the judiciary? However, for them these questions may be totally irrelevant. For them he is a top religious leader, and they are not prepared to listen to anything to the contrary. Incidentally the police have claimed that had they not acted in time the seer would have fled to Nepal. From all accounts it is a serious development. It is extremely hard to believe that the official machinery would have swung into action against a Shankaracharya without being in command of the credible information that could withstand the scrutiny of the law and at the same time convince a credulous public. In any event why should it be taken as a reflection against Hinduism itself? If at all the devotees should hope and pray that he is cleared of insinuations against him at the earliest. It doesn't make much sense to seek immunity on the ground of religion in these matters.

Ever since the eighties when terrorism raised its ugly head in this country we have seen sacred shrines being occupied by the perpetrators of violence to carry out their evil designs. Holy places have been grossly misused for issuing death warrants. They have also come in handy for the militants to take refuge to escape from the security forces and store their arms in the safe belief that they would not be touched. Who can deny that the highly-revered Golden Temple and the Hazratbal mosque have been defiled during this phase? It is a stark reality as well that it took the security forces quite some time to overcome their doubt of unfavourable public reaction in case of their entry into the shrines to exorcise them of their evil. Certainly the god-fearing citizens were quite uncomfortable in the beginning. With the passage of time they have reconciled that those defending the law have the right to enter these places to get rid of gun-wielding hoodlums. To their shock they have witnessed the militants indulging in the murder of their rivals during prayers in mosques. With this background in view it is futile to expect the law-enforcing agencies to sit back and watch the fun. They have to act as they have done in some extremely difficult situations in Punjab and this State.

Lest this should create the impression that we are placing the Kanchi Shankaracharya in the category of the Bhindranwales we must assert that it is not at all our intention. We are actually the admirers of the role he has at times played to help restore balance in the country's social and political life. It is simply that we are averse to religious interference in the legal process. Law must prevail over everything else.

Right approach

Trust National Security Adviser J.N. Dixit for calling a spade a spade. Having the well-earned reputation of pugnaciously arguing his case he has echoed the anguish of many over the flip-flop approach of a section of Hurriyat leaders towards the dialogue. Not many are able to appreciate these leaders' mulish insistence to go to Pakistan first and then hold talks with the Central Government. This does not make any sense. Actually it raises doubts whether they are genuinely interested in negotiating for the sake of peace and normalcy. As the man in charge at this moment Mr Dixit has rightly condemned such a stance. Nobody wielding his authority can and should defend a group that should be prepared to talk to a foreign ambassador --- the Pakistan High Commissioner in this instance --- and not the Union Home Minister. His remark that it is a 'high-horse spirit' may appear to be strong but it is quite appropriate in the prevailing circumstances. In these columns we have often raised the question: what do the Kashmiri leaders think they would achieve by undertaking a trip to the neighbouring country? First of all there is no unanimity among them about the course they wish to adopt. Moreover, there is nothing common between the majority of them and the influential section of leadership in 'Azad' Kashmir, as the occupied territory is known on the other side of the Line of Control. In no event they would be allowed by Pakistan to have a close look at Gilgit and other parts of the Northern Areas belonging to the erstwhile undivided Jammu and Kashmir: Pakistan directly administers this region and has steadfastly declined to hand them over to 'Azad' Kashmir Government. The ruling Muslim Conference, which is one of the oldest political outfits in the sub-continent, is committed in letter and spirit to work for the merger of the entire State with Pakistan. In power in Muzaffarabad today how can it provide any food for thought (that in any case appears to be prerogative of Pakistan President Pervez Musharraf to do so) to the leaders from this part of the State notably the Valley as they have varied perceptions in this behalf? Admittedly, there is a pro-liberation sentiment across the LoC as well but it can't be ignored that those representing it are less inclined to accept the leadership of those active in the Valley. In these circumstances Mr Dixit's suggestion that 'let Pakistan talk to their own Kashmiris and we will do the same' is a sound and logical route to take.

In a noteworthy observation Mr Dixit has reiterated that in the scenario after Kargil the Government 'is clear that everything --- all the issues --- will be part of an integrated package'. Prime Minister Manmohan Singh, according to him, has no misgivings on two counts --- 'that there can be no territorial delineation and that there can be no timeframe for such negotiations' as are being held with Pakistan. Taken together all these assertions may seem to be somewhat contradictory of each other but they have to be examined in the context of the ongoing deliberations between the two neighbouring countries in their search for lasting solution. One wishes that the Hurriyat leaders matched the current fervour of India and Pakistan in establishing peace and normalcy in the sub-continent. It is for the sake of their credibility that they should take notice of Mr Dixit's blunt but sane suggestion to resume talks without further delay.

News Analysis
Spotlights on Kashmir valley alone
Why little importance to Jammu, Ladakh?

By B L Kak

An emotion when once aroused tends to persist and leaves behind an emotional mood which can, in the initial stage, lead to the subdued expression of discontent. The phase of this type of discontent is already over in the all-important north Indian State of Jammu and Kashmir. What has now-a-days become the topic of hot debate in the respective State is the continuance of New Delhi's official policy to attach more importance to the Valley of Kashmir than to Jammu region and Ladakh.

There is no denying that the Muslim-dominated Valley of Kashmir has been greatly shattered in terms of loss of human lives and economic losses since the outbreak of insurgency and militancy towards the last quarter of 1989. But it would be holding the stick from a wrong end if the powers-that-be in Delhi and Srinagar chose little importance to the mounting discontent and grievances of the population in the Hindu-majority Jammu region and Buddhist-majority Ladakh province.

If the Union Home Minister, Shivraj Patil, was asked during his recent visit to Jammu as to why Central leaders first set their feet on the soil of Srinagar and then stir out on a visit to Jammu, there was obviously sufficient reason and provocation behind a question of this nature. Numerous, indeed, are the instances to substantiate the grievance or discontent or hurt feeling over New Delhi's greater attention on the Valley of Kashmir.

This kind of approach and attitude, apart from the far-from-effective handling of the affairs in Jammu and Kashmir by New Delhi for years together, only contributed to the growth of regionalism in the troubled State — Muslim regionalism of the Valley of Kashmir, Hindu regionalism in Jammu and Buddhist regionalism in Ladakh. Valley's sectarian regionalism is so potent and combustible that pro-India Muslim leaders and politicians appear afraid of openly propagating or justifying the relevance of the accession of Kashmir to the Union of India.

Of all these leaders and politicians, Farooq Abdullah alone has had the courage and conviction to uphold the State's accession to India. Farooq Abdullah's successor, Mufti Mohammed Sayeed, who in his capacity as Chief Minister of J&K, continues to be the esprit de corps of the regional outfit, known as People's Democratic Party (PDP). More importantly, since the formation of the PDP-led coalition Government in J&K over two years ago, Mufti Sayeed has not deemed it necessary to talk of, even once, the State as "an integral part" of the Union of India.

The Congress party, though an important constituent of the coalition Government in J&K, has an unenviable task while meeting the threat or challenge from Muslim rebels and separatists, particularly in the Valley. True, Mangat Ram Sharma, senior Congress leader of Jammu, is the Deputy Chief Minister. But he is not a force to reckon with. Hence, Kashmir's masses were not stirred at all when, during Shivraj Patil's visit to J&K between this November 6-8, Mangat Ram Sharma publicly talked of Jammu and Kashmir being "an integral part" of the Union of India.

At a time when advocates of 'militant Islam' and lovers of Pakistan, particularly Syed Ali Shah Geelani, wanted New Delhi to accept that Kashmir "is a disputed territory and not part of India", Prime Minister, Manmohan Singh, went all the way to the Hague to proclaim that Jammu and Kashmir State "is an integral part of India". This statement did not set Kashmir's river Jhelum on fire as, soon after his return to the country, manmohan Singh played 'Kashmir card' by issuing instructions for the reduction of troops in J&K. The announcement was taken well by the average Kashmiri in the Valley at a time when the area reeled in the aftermath of the "rape" of a Kashmiri woman and her daughter by an Army official.

That the Prime Minister had sensed disapproval by large sections of Jammu and Ladakh population of any demilitarisation process in the troubled State was borne out by his assertion: It is not an irreversible withdrawal. We cannot afford to relax our vigil. We are aware that infiltration attempts from across the border and the LoC continue and the infrastructure of terrorism in the shape of training camps and launching bases remains intact". More importantly, the decision to reduce deployment of troops, Manmohan Singh made it plain, would be kept under constant review.

Fine is this. Finer and more encouraging and rewarding, politically, will be Government's re-structured approach and attitude towards the people of Jammu and Ladakh and their expectations and requirements. Prime Minister, Manmohan Singh, and the Government he heads at present will have to realise and admit that the problem of the organisation of a region is that of the relationship between its subjects and the administrative apparatus.

Since the Kashmiris alone do not constitute the population of Jammu and Kashmir and Ladakh, New Delhi cannot and should not accord lesser attention to the equally important regions of Jammu and Ladakh. If the ill-advised policy pursued by New Delhi could not help the Indians win over the Kashmiri Muslims hearts, the people of Jammu and Ladakh should not be further provoked to further promote their respective regional and communal feelings. And if little effort was made to make the people of Kashmir understand why secular democracy is preferable to theocratic military dictatorship, the pro-India feeling and stand of the most people residing the regions of Ladakh and Jammu should not be allowed to be underrated or ignored for the sake of the 'unwilling' masses of the Valley.

Mufti Sayeed and his Government, like the previous Governments in J&K, cannot be faulted for the demand for greater financial aid to the cash-starved State. The Prime Minister is ready to make an announcement of an encouraging economic package for the State during his forthcoming visit to Kashmir.

What is needed is New Delhi's intervention in ensuring that economic benefits now and later will also travel to Jammu and Ladakh without any bias and prejudices. New Delhi's 'Kashmir card', one expects, is also meant for these two regions.

Trusted Advani to revive party

By Atul Cowshish

The rather abrupt manner in which Lal Krishan Advani was appointed as president of the Bharatiya Janata Party-for the fifth time-- in place of his protégé, Venkaiah Naidu, makes it clear that the party has an acute leadership crisis and that it has still pinned its hope on following a hard-line Hindutva course which may be packaged by Advani under a different label to hoodwink the gullible. After making boastful claims about 'profusion' of talent among its younger generation of leaders, the BJP has settled for 75-year-old Advani who had declared recently that he did not see himself leading the party in the next general election due five years from now. But he added on a wishful note-encouraged by astrologers--that he did not see the UPA Government lasting its full term.

Mr Advani's reliance on soothsayers for fulfilling his life's ambition of becoming the number one chief executive in the country is on par with his party's medieval moorings, being a party that likes to define nationalism and patriotism with religious tones. But if he is a realist he might like to rely more on the only thing that helps in capturing power in India-winning the confidence of the people. The people have been moving away from the BJP as has been shown since early summer this year. The BJP has received one resounding blow after another from the people of India. The BJP was so paralysed and stupefied by the Lok Sabha poll defeat in May that it still refuses to acknowledge the factors that drove people away from it within six years of the hearty endorsement the people gave to a BJP-led coalition. The defeat in the recent Maharashtra assembly poll is another testimony that the people remain disenchanted and disillusioned with the BJP.

Rusted ideas and tired faces generally do not bring the desired results. It is not going to help the new BJP president revive the party's fortunes when there is a great paucity of leadership at the top as well its second rung. The widely reported divisions among the second rung of BJP leadership makes matters more difficult. The BJP is said to be undecided whether to expose its naked communal face or cloak it under some 'secular' mask. The allies of the BJP in the national Democratic Alliance are sitting quietly perhaps waiting to jump off the sinking ship. A leader of one of these parties, George Fernandes, has formed a 'gang of four' ostensibly to challenge the Congress president and Fernandes' pet object of hate, Sonia Gandhi, but in reality to explore avenues for forming a 'front' where he (Fernandes) will be the king.

Advani and his party pronounced the Congress-led Government a 'failure' in less than 100 days of its rule. But if Advani looks around the political spectrum he might discover that this 'failure' has not helped the BJP win new allies and friends in the past five or six months. Advani does not see that he has an uphill task ahead of him. He believes and so does his party that he has a 'magic touch'. It is being said that it was largely under his stewardship and his hard-line policies that the BJP, a party with just two members in the 545-member Lok Sabha in mid-1980s, moved up the ladder and became a ruling party at the centre.

His intense pursuance of a Hindutva course with a much publicised 'Rath Yatra' as one of its star attractions had indeed contributed much to the emergence of the BJP as a party to reckon with at the centre. But the question is can that 'spirit' be revived to deliver the same kind of results? Will the BJP again benefit from its divisive politics? No matter how much Advani may contest it, there can be no doubt that a dangerous consequence of the kind of 'strategy' he had devised in the 1990s to make his party popular was the demolition of the Babri mosque in December 1992 and the subsequent feeling of alienation among the minority.

Those who talk of the Advani 'magic' overlook the fact that the BJP was able to rise at a time when for various reasons the majority of the population was turning away from the Congress and the non-BJP alternative-the so-called Third Force--presented to the people looked unreliable, brittle and incapable of governance. Advani or the BJP did not have to do much to discredit this alternative, which was jostling to occupy the space for the main rival of the Congress. The waning popularity of the Congress looked very 'promising' to the BJP. The BJP had only to arouse further the anti-Congress sentiments to realise its goal of power at the centre. This it did by spreading all kinds of stories against its 'number one enemy' the Congress with the help of the RSS network and the party sympathisers in the media. In other words a strong anti-Congress and anti-Third Force ambience already existed when the BJP was trying to gain access to the seat of power in Delhi. These circumstances made it easier for Advani, who can articulate his views quite forcefully, to be bracketed as the top party leader with Atal Behari Vajpayee.

But many of the stories planted by the BJP, or the Sangh Parivar, in the 1980s and 1990s, especially those directed against the Nehru-Gandhi family, have proved to be false and motivated. This started to happen even when the BJP was in power at the centre. This has deprived the BJP of an effective tool for launching another forceful offensive against its 'enemy number one'. More uncomfortably for the BJP, the people have become wiser since then and the stories churned out regularly by the rumours mills and propaganda vehicles of the BJP leave the majority of people cool towards the BJP.

It will appear that one of Advani's strategy for regaining power at the centre will be creating a fear that under the new Government at the Centre the country has become unsafe and its integrity is under threat with insurgents in the northeast flexing their muscles. But Advani forgets that the biggest threat to the country's security had come during the rule of the BJP-led government when Pakistan was able to capture many heights in the Kargil hills, the militants sent by Islamabad attacked parliament and the jittery NDA Government could think of nothing but 'freezing' for over one year the major part of Indian army at the borders with Pakistan.

The Pakistani military strongman kept threatening India with nuclear attack to force the world to agree with him that Kashmir was a 'nuclear flashpoint'. Kashmir as an issue was truly internationalised when the BJP was in power. And it was the government of which Advani was a prominent part that took the first step to legitimise the rule of Gen Pervez Musharraf in Pakistan after his bloodless coup when he was invited to Agra where he stole the thunder from under the bumbling NDA leadership. (Syndicate Features)

Politicks of a Swami's discomfiture

Dr. R. L. Bhat

Law is, and should remain, equal to be the universal cannon that modulates people's behavior and pronounces a set of dos and don'ts for the people without regard to their position, status and accomplishments. There is a good case that law should be more exacting when it comes to people in high places, persons holding positions of responsibility and men with means and reach. For people holding public trust have a higher responsibility towards upholding the values that govern the society. Call it the hazard of being in public life; call it the cost of being great; there is no case for leniency against prominent people whether in social, political or religious areas. They must observe higher standards. They also have clout, connections and capacity to put forth their cases in best light, to engage the best legal brains and fight even pointed persecution. At any rate law cannot be, it must not be, less rigorous when dealing with persons of position, pelf and power. For then it would not be law but the handmaid of manipulators. Law takes, must always be allowed to take, its own course. That is the very least a free society can and should ensure.

Thus there cannot be anything wrong in arrest or detention of a ranking religious guru, if the law demands it. Whether the needs of law demand a particular action, is not for the lay men to decide as per their whims and whishes but for the court of law, by law established. That alone can ensure equal treatment before law. That alone can assure the people at large that they would not be persecuted, or impounded without cause or reason. As the Gita says, people follow what the great do. The greatness carries the burden of being above broad. Even minor imputation there can send wrong signals to the common folks who may come to believe that deviant behavior, delinquent ways and disregard of law is just the norm for their actions and behavior. Can it be disputed that much of the lawlessness and corruption around us is the result of law having been thwarted, times without number, in its course. About a third of the legislators stand accused before the laws of this land. Most of these accusations are not minor misdemeanors but the gravest offences a human can commit. A good number of men and women in the bureaucracy are embroiled in vigilance cases, court cases and acts of gross impropriety. There are countless businessmen, entrepreneurs, religious heads and leaders who have dozens of cases lodged against them, most of a serious nature.

All this is because the law is not allowed to take its course. Because of it the common men and women suffer. They have to suffer the ministrations of corrupt people and criminal elements. Thus there are ministers who are absconders before the law, bureaucrats who are liable to be put behind the bars anytime and religious teachers who are haunted by allegations of gross misconduct. It is an open guess how 'fair' any of these people can be in their dealings, how 'free' would the administration be under them, how unfettered would be the rule of constitution presided over by them! After the last elections, corruption seems to have been 'freed' from all constraints morality. People who earlier had to resign from their positions because of the allegations came to hold even more important posts. With this backdrop there a good case could be made to let the arrested swami go scot-free, whatever the law may say! That indeed, is what many have been saying: there is too of corruption and criminality around. This scenario actually should make the people of this land conscious of the fact that they already have allowed too much playing with the laws and courts. That, they need to ask for greater circumspection by the people of prominence. Indeed, the situation demands that the prominent prestigious people should give a stricter accounting before the law.

That brings us to the most unsavory part of the arrest of the swami of Kanchi Math. Political parties gave the propriety a slip and set to derive political mileage from it. They have arraigned themselves along what they perceive the most beneficial outcome for them in the whole episode. Of course, the first casualty here is the rule of law. The facts of case notwithstanding, the politicians are demanding 'action' and 'in-action' as it suits their political ends. Thus we have the Communists calling for 'action', as if persecution of the Shankaracharya were what the great man Marx did all his theorizing for. For god's…err, Marx's sake could not the ideologues simply keep mum? The law has already taken its course, whether rightly or wrongly. The Marxists could have lain low and waited for the outcome. But no. They wouldn't let it lie if political cakes can be cooked on it. The Shankaracharya must be prosecuted, they imply, adding that he must be given no respite, or else the lowly of this land would suffer great injustice! That thinking gets screwed right when it comes to other religious leaders who too have law knocking on their doors. And there, when they should have been calling for the law not to hesitate and take its course, they go mum. Theirs, indeed, is the most perverted stand on the issue.

Then there are the funny stands. Like the congress workers going on rampage complete with burning effigies because the BJP has asked the congress government at center to ensure that Shankaracharya is not harassed. Of course, the BJP has itself taken no principled or moral stand. Vajpayee talked to center government, and Advani has issued veiled cautions. Yet neither of them felt very constrained over the issue. The former PM went ahead with his iftaar party. The BJP president did not take up the issue with his ally Anna DMK. Worst, they tried to malign DMK for demanding the arrest! Not principles. No feeling. No propriety. Only shameless political milking of a saint's discomfiture! When politics can sink to this depth, it is time for sanities of this land to think whether the system that they have live by is worth much. Given that, the government which arrested the revered Swami at the dead of night as if he were a criminal on prowl, which is spreading canards through media and now is conducting stealthy raids on his residence to collect justifications for its crass acts, becomes the first suspect.

Yes, the rule of law must prevail. Law must not be thwarted in its course. But law must also not be manipulated, must not be used as a handmaid for ulterior ends. some years ago, noted leaders, an ex-chief minister and union ministers of one party were similarly arraigned, in the same state, at mid-night as if the law could not wait for the morn. Of course, they were let off at the first hearing and have not heard from law since. The night-arrest of Shankaracharya, calculatedly on the night of coming holidays when courts would be off, smacks of similar strategy. Its objective is not to meet the ends of justice, but simply to put target people in jail, to teach adversaries lessons and malign good honor. If it is so in case of the Swami, the law would have taken a most devious, a most tainted course. Law, that would call itself fair and demand respect, must shield itself from such abuse.

 
 



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