[Reader-list] Fwd: on 'official' sectarian activities

[A. Mani]

Message in response to PIL on 'official sectarian activities' against
Gujarat HC officials.


__________________Forwarded Message_________________________

From: Jayaprakash ND
To: <snip>
Date: Wed, 19 Jan 2011

Subject: Re: [foil] PIL on secularism - to watch out for
Many a time, many of us are witness to a whole lot of undemocratic
activities that take place around us and yet we choose to remain mute
spectators out of a feeling of helplessness or out of our inability,
hesitation, or unwillingness to challenge the powers that be.

Holding “official” poojas and rituals in public institutions are
undemocratic and unconstitutional activities precisely because such
sectarian activities in the name of the “majority” community are carried out
without respecting the rights and sentiments of the “minority” communities
and the irreligious sections within those institutions. In fact, the
Constitution of India proscribes such activities in public institutions.
According to Article 28, Clause (1) of the Constitution, *“**No religious
instruction shall be provided in any educational institution wholly
maintained out of State funds.” *Moreover, Article 15, Clause (1) further
state as follows: *“The State shall not discriminate against any citizen on
grounds only of religion, race, caste, sex, place of birth or any of them.”*

* *

Therefore, “official” sectarian religious activities within public
institutions not only violate the relevant provisions of the Constitution
but also give sanctity to privatization of public space by the dominant
religious group. Democracy does not mean that the “majority” can do whatever
it likes whenever and wherever it likes. It is incumbent on the part of the
“majority” to ensure that the “minorities” have equal right to public space
and that they are not subjected to discrimination in any way. Essentially,
every individual has equal right to the entire public space. Public space
cannot be divided on “majority” and “minority” basis or usurped entirely by
the “majority” community on the spacious plea that since they are in the
“majority” in a particular place their writ shall run in that area
overriding the relevant constitutional provisions and other relevant laws of
the land.

* *

Unfortunately, usurpation of public space for promoting sectarian religious
interests is rampant. In North India, for example, it is so common to see
idols/images being illegally (but prominently and in public space) displayed
and worshiped within police stations, courts, government offices, public
sector establishments, etc.. [Such open displays of sectarian religious
symbols in public spaces that are supposedly secular undoubtedly have a
coercive effect on the members of the “minority” communities, who work there
or have to visit these places for various reasons.] Apart from this, there
are innumerable illegal places of worship built on public roads and public
parks. Large tracts of public land have also been encroached by various
“ashrams” run by dubious “babas” with political patronage. The
indiscriminate use of loudspeakers on an everyday basis and deliberate
occupation and desecration of public roads and other public places during
festivities are other undemocratic activities. It is unfortunate that the
secular parties in this country have not yet taken requisite measures to
address this social menace. The Supreme Court of India has recently given
some indications that it is willing to tackle at least part of the problem.
[Please see the following reports in this regard:

http://www.hindustantimes.com/Get-rid-of-illegal-shrines-SC-to-states/Article1-600291.aspx

http://timesofindia.indiatimes.com/city/chandigarh/Finally-action-against-illegal-religious-structures/articleshow/6654580.cms

http://www.deccanherald.com/content/99917/dk-illegal-religious-structures-go.html

http://www.thehindu.com/opinion/editorial/article29562.ece

Please convey my whole hearted support to Mr.Rajesh Solanki for his valiant
efforts to uphold the secular principles enshrined in the Indian
Constitution.

Jayaprakash

_____________________________________________________


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A. Mani


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