*Constitution protects all religions, doesn’t create cult
Mohinder Verma
JAMMU, May 20: Expressing serious concern over the misleading campaign launched by some fascist forces, a senior Judge of the State High Court Justice Muzaffar Hussain Attar has spelt out the concept of “Indianism” for the information of common masses so that they are no more hoodwinked. He has said that Indianism is Hindustaniat, which is akin to Kashmiriat and Indianism protects all religions and religious activities and doesn’t create any new cult.
Justice Muzaffar Hussain Attar had to come out with real meaning of Indianism in the context of Indian Constitution because his observation in a judgment delivered about one and half year back in a case titled Sanjay Tickoo and Others Versus State and Others mentioning that in our Constitutional philosophy, there is only one “ism” that is “Indianism” and all other “isms” are sworn enemies of “Indianism”, drew sharp criticism from religious and political groups with Kashmir High Court Bar Association deciding to challenge it in a Higher Court.
He had also observed that any person claiming to be “Hindu Nationalist”, “Muslim Nationalist”, “Sikh Nationalist”, “Buddhist Nationalist” or “Christian Nationalist” is not only working against the “Indianism” but against the very thought of India.
Justice Attar had also remarked that in India, there can be forces, which can be bracketed into two groups only, “Indians”, who are for India and “communal/extremists”, who are enemies of India. If India, which is created by its Constitution, which we the people have given to ourselves, has to survive, then it is only “Indianism”, which has to be there and all other “isms” have to disappear from the firmament of the country called India.
In the judgment passed on October 9, 2013, Justice Attar had also stated that in terms of Constitution of India, which guarantees all the rights, which include right to practice and profess ones religion and faith, there was no requirement of bringing in expression “secularism” in the preamble of the Constitution as this expression has evoked sharp reaction from a section of population and divided people of the country into different pigeon holes of different “isms”.
Justice Muzaffar Hussain Attar, while disposing off a contempt petition filed by Sanjay Tickoo and Others last week, has observed, “it becomes necessary to place on record that few individuals misunderstood the purport and import of judgment dated October 9, 2013”, adding “despite provocations of few persons the people exhibited highest degree of maturity. It is an established fact that like people belonging to other faiths, a Muslim stands guarantee to truth, righteousness and peace”.
“The press reports of the time, when judgment was pronounced, would show that the expression “Indianism” was torn out of the context of the theme of the judgment by a small group of persons. The maturity shown by all sections of the society is appreciated by the institution of judiciary as also by one and all. The judiciary has even in extreme adverse circumstances, enforced the laws of the land and protected the rights of the people”, Justice Attar said.
Quoting from the Constitutional provisions, Justice Attar said, “it has been sufficiently clarified in the earlier judgment that India is pluralistic State. Its citizens are Hindus, Muslims, Sikhs and Christians etc. All the rights, which include religious rights of all these citizens belonging to different religious denominations are protected and guaranteed by Constitution of India”.
“The expression Indianism also provides that the State shall not deny any person, which means a Hindu, Muslim, Sikh, Buddhist, Christians etc equality before law or equal protection of laws within the territory of India (Article 14). The Indianism doesn’t and would not mean that citizens/persons do not have right to practice and propagate their religion. The Indianism in the context of the Constitution not only protects but guarantees right to every citizen, which includes Muslims of this country to practice and propagate their religion. No law can be made to prevent the Muslims or any other community to practice and propagate their religion. All the people belonging to different religious denominations including Muslims have freedom to effectively follow their religion”, Justice Attar said.
He further said that the concept Indianism is evolved in the backdrop of the Constitution of India to ensure that there is no inter-religious conflict and people, though have right to practice, preach and propagate their religion, do not cause harm to other citizens belonging to other religions and live in harmony.
“The concept of ‘Indianism’ is evolved to highlight rights of all the citizens, be it a Hindu, a Muslim, a Christian, a Sikh etc, with express right to practice, preach and propagate the respective religions by all of them”, Justice Attar said, adding “‘Indianism protects such rights which are, otherwise, guaranteed by the Constitution”.
“Though all this has been, in clear and lucid terms, mentioned in Sanjay Tickoo’s case, but in order to ensure that the “small group of persons” should not succeed in its design to create confusion in the minds of people, the necessity to further clarify concept of “Indianism” arose, the High Court Judge said, adding “by whipping up the religious sentiments, efforts, though already stand frustrated by the wisdom of the people, were being made to create disorder in the society. The courts have been protecting the religious practices, places as also propagation thereof as the same is guaranteed under the Constitution of India”.
“Indianism is Hindustaniat, which is akin to Kashmiriat”, Justice Attar said, adding “fascist bent of mind, otherwise called facism, is abhorrent to and anti thesis of Idea of India, otherwise called Indianism (Hindustaniat)”.
“Before concluding, it is prayed to Almighty God that the small group of people, who either misunderstood the judgment or made deliberate attempt to mislead the religious scholars in particular and people in general, be forgiven and lead to the path of truth and righteousness”, Justice Attar said.
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