Courts Remain Silent Spectators As Minorities Remain In Fear Amidst Rise Of Illiberal, Communal Forces: Justice(Retired) AP Shah

Justice(Retired) AP Shah recently expressed concerns over the rise of ‘illiberal and communal’ forces in the country, fuelled by extremist ideologies, and the attendant culture of hate, polarisation, and vilification of minorities, particularly Muslims, taking root across the nation. He also raised apprehensions about the weakening of formal institutions like the courts in India, as well as the erosion of public trust in them. He said – “Now, I see the rise of illiberal and communal forces in India that is made possible, in part, by disillusionment with successive governments. This is compounded by a legal architecture that is permissive of abuse, and prejudices inherent in society. This worrying resurgence of communalism, a deeply divisive form of religious nationalism, has powerful political backing, seeking to realise Vinayak Sarvakar’s ideal of Hindu rashtra, Hindu jati, and Hindu sanskriti. That the Savarkar vision is outrageously outdated is putting it mildly. People are not defined by geography or religion, just as democratic nations are not chambers of rigid uniformity or isolation. Nevertheless, this clamorous view is being propounded in India today still, to a point where minorities are living lives in fear, and with some truth, that their citizenship has been reduced to second-class existence. Incidents like those that took place in Nuh and even in Delhi, perpetuate this feeling. Extrajudicial tools like encounter killings, panchayat bans on traders from minority communities, and ‘bulldozer politics’ have exacerbated this situation.” Justice Shah, who formerly served as Delhi High Court’s chief justice and Law Commission chairperson – was delivering the 25th DS Borker Memorial Lecture on the topic ‘My Vision of India: 2047 AD’. Also in attendance were Supreme Court judge Sanjay Kishan Kaul, who chaired the event, and National Law University Delhi professor Anup Surendranath. In his address, Justice Shah critically evaluated the trajectory of India’s governance and democracy, raising alarm over the emergence of what he termed an ‘elected autocracy’. He asserted that despite electoral legitimacy, the ruling Bharatiya Janata Party’s actions have displayed increasingly authoritarian tendencies that undermine democratic principles. The erosion of checks and balances, co-option of watchdog institutions, stifling of dissent, and weakening of media and the courts are noted as key indicators of this shift. Even while decrying the rise of Hindutva nationalism, which he asserted, ran contrary to the very essence of Hinduism as a liberal and tolerant religion, Justice Shah revealed his own familial ties with the Hindu Mahasabha, a leading figure of which was Vinayak Damodar Savarkar. “My grandfather was the president of the Hindu Mahasabha in the 1940s. The earliest literature I read as a young boy in school was VD Savarkar’s, when I fell in love with his initial poetry, though his later poems became highly Sanskritised and tedious to read. Savarkar’s poetry was one of my subjects in graduation… I feel that the idea of Hindutva, as we have received it today, challenges the Hindu faith itself, which many consider a liberal, tolerant, and generous religion. Why Hindu society is largely silent about what is being perpetrated in the name of their religion against minorities is a question many of us might well ask today. Recall Vivekananda’s memorable words from his 1893 Chicago address, where he said, “We believe not only in universal toleration, but we accept all religions as true,” and that he was “proud to belong to a nation which had sheltered the persecuted and the refugees of all religions and all nations of the world”. Should we not want to feel that pride always?” The former judge explained that this ideology, which existed on the fringes during the Independence struggle and the framing of our Constitution, has now gained prominence, leading to democratic backsliding and the creation of a climate of fear among minorities. With respect to the demolition of the houses of people suspected of being involved in riots or other crimes, Justice Shah said that judicial response has been deficient and lacklustre. He cited the reassignment of a suo motu action against demolition drives in Haryana’s Nuh following the communal clashes earlier this month to a bench of the Punjab and Haryana High Court other than the one led by Justice GS Sandhawalia that had taken cognisance of the situation, questioning whether the State was targeting one particular community and if its action amounted to 'ethnic cleansing'. Justice Shah said – “The bulldozer today has become a symbol of power that is wielded without legal sanction or authority. Innocent lives and livelihoods are lost, with no respite in sight. Beyond the act of demolition, there are devastating consequences for entire families and communities. Who will help them rebuild their...

Courts Remain Silent Spectators As Minorities Remain In Fear Amidst Rise Of Illiberal, Communal Forces: Justice(Retired) AP Shah

Awstika Das

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