Author: Dr. M. Rama Jois
Publication: Organiser
Date: October 7, 2007
URL: http://www.organiser.org/dynamic/modules.php?name=Content&pa=showpage&pid=204&page=38
Under our Constitution, there is no necessity at all to classify the citizens into majority or minority for the reason that Article 14 mandates the State to give protection to all the persons and to ensure equality before law for all of them. Article 15 prohibits the State from discriminating against any citizen on the ground of religion, race or caste.
After we secured political independence for the truncated motherland, we framed and adopted a Constitution describing all of us as "We the People of Bharat" meaning that we are one nation bound by the feeling of fraternity as stated in the Preamble of the Constitution.
The partition of our motherland carving out Pakistan out of our motherland on the basis of two-nation theory and communal hatredness is the greatest tragedy of the 20th century nay in the history of the world. It is estimated that number of persons killed on the eve of partition and immediately thereafter, far exceeded the killings during the World War-II. The 'memory of horror' of partition is a nightmare. It is extremely painful to think of it. But the fact remains that the division of the country was the worst crime perpetrated in human history, on a peace-loving nation which had never invaded on any other territory. It was the worst man-made disaster. It has created problems which perhaps will continue forever or at least for a few centuries.
However, after we secured political independence for the truncated motherland, we framed and adopted a Constitution describing all of us as "We the People of Bharat" meaning thereby that we are one nation bound by the feeling of fraternity as stated in the Preamble of the Constitution. Dr. Ambedkar, the architect of our Constitution, attached great importance to fraternity. He said:
"What does fraternity mean? Fraternity means a sense of common brotherhood of all Indians-of Indians being one people. It is this principle which gives unity and solidarity to social life. [B.R. Ambedkar and Human Rights, p.15]
Therefore, we made equality and non-discrimination on the ground of religion as basic structure of the Constitution. We adopted a democratic system of governance based on periodical elections. But unfortunately, the democratic system which is considered the best system began to be abused by selfish politicians to divide the people on the very communal lines on the basis of which the country was divided with the object of getting elected to political positions again and again on account of power-mongering attitude. Such division of the people on communal lines at the hands of our government as is being done is more disastrous than partition, for, by partition we lost a portion of our territory but by division of one people on communal lines would be fatal to our existence as a nation.
In this regard, it is important to refer to the words of wisdom in the Mahabharata [Shanthiparava 56-35]. Having regard to the facts and circumstances of those periods, the Mahabharata stated that for protection of the country there were as many as six forts namely:
(i) Marudurga [protection by deserts] (ii) Jaladurga [protection from water mass] (iii) Bhoodurga [protection from vast extent of land] (iv) Aranyadurga [protection by forests] (v) Giridurga [protection by mountains] and (vi) Naradurga [protection in the form of fort of people].
Finally, it is stated that "Sarvadurgeshu manyante naradurgam sudustharam" which means that among all the six forts Naradurga [people's fort] is formidable for the protection of the country. This statement is very significant. The message is that the greatest protection for any country is its own people. This is an eternal and universal truth. If people of a country are united by the feeling of patriotism and fraternity that constitutes the greatest protection to it. This is one of the objectives of our Constitution as expressly stated in the Preamble to the Constitution in the following words: "Fraternity and unity and integrity of the nation." This objective is incorporated in the fundamental rights to equality and prohibition against discrimination on the ground of religion in Articles 14 and 15 of the Constitution.
But, it is unfortunate that despite the bitter lesson of partition brought about on communal basis, every attempt is being made by our government to destroy this formidable fort from within by dividing the people into minority and non-minority and to weaken the nation by pursuing what is popularly called vote bank politics.
This divide-and-rule policy which was commenced from the first general election in 1952 itself which has been continuing unabated as it was found to be electorally advantageous to those practicing it has now reached dangerous proportions. The importance given to such divisive policy is the sole reason for not achieving reconciliation between Hindus and Muslims even though such reconciliation is fundamental requirement as Hindus and Muslims have to live in this land for all times to come. But unfortunately, our so-called secular politicians place their political interest above national interest and even the Constitution despite their taking oath to abide by the Constitution. For example, despite the judgment of a Constitution Bench of the Supreme Court in Shah Bano's case holding that if Constitution has any meaning, a uniform civil code should be enacted obeying the directive in Article 44 and in particular uniform law for marriage and divorce should be enacted and thereby rule of monogamy shall be made applicable to Muslims, it is not being done. Article 48 of the Constitution, which directs total ban on cow slaughtering which is dearer to the hearts of Hindus who constitute 85 per cent of the population, is not implemented just to please Muslims.
In fact under our Constitution, there is no necessity at all to classify the citizens into majority or minority for the reason that Article 14 mandates the State to give protection to all the persons and to ensure equality before law for all of them. Article 15 prohibits the State from discriminating against any citizen on the ground of religion, race or caste. Similarly, Article 16 ensures equal opportunity in the matter of employment under the State and also prohibits discrimination on the ground of religion, race, caste or any of them. Therefore, whenever an individual is subjected to any discrimination in the matter of employment or admission to any educational institution or in respect of any other matter, he can claim relief under Article 32 before the Supreme Court or at the hands of the High Courts under Article 226 of the Constitution. The Courts are not going to ask whether the petitioner belongs to minority or majority but they will examine whether he has been subjected to discrimination compared with other citizens and whether he is entitled to get the relief at the hands of the court. There is no need to plead that he belongs to minority or non-minority. This being the position, dividing the people into minority and majority is inconsistent with the basic structure of the Constitution. It is high time that creating rift between the citizens on the ground that some belong to minority and some belong to non-minority should be stopped as all are entitled to equal protection under Articles 14 and 16 of the Constitution without reference to their religion. In fact, the word 'minority' is not used in the Constitution except in Article 30 which was intended for a limited purpose namely, only to ensure protection to linguistic and religious minorities in a State in the matter of establishing and administering educational institutions and not to create a right to them which was not available to other citizens.
This aspect has been placed beyond doubt by the judgment delivered by an eleven-judge bench of the Supreme Court in TMA Pai's case in which the Court said at para 138 of the judgment thus:
"The whole object of conferring the right on minorities under Article 30 is to ensure that there will be equality between the majority and the minority."
(The writer is former Chief Justice of Punjab & Haryana High Court and former Governor of Jharkhand and Bihar.)