Equal Rights for Hindus – in India

Yes this sounds absurdly funny that Hindus are seeking Equal Rights in their own country of Origin “India” Many questions arise when one hears that the Hindus have started a movement and #EqualRightsforHindus is a trending hashtag on social media. Why is it that the Majority Hindu that constitute roughly 75% of the population of India are seeking equal rights?

To understand the reason to the new movement for equal rights for hindus in India, we would have to date back to 1947 when the country got independence from 1000s of years of foreign oppression. The new formally elected government came in power and the heads that thought together defined the fate of India as “Secular” country. But, there is where they went ahead and insert sections in the constitution about “Religious Minorities”. These religious minorities were given immense support to ensure that they get educated and those communities also develop along with the development of the nation. But, over a period of time, the political parties forming the government at State as well as National level took this “Minority Development” to a different level turning it into Minority Appeasement.

Today, when we look around, the sections of Indian Constitution are so much abused by the politicians that we have a “Minority Affairs Ministry” and quite a lot of concessions are passed over to the so called minorities. But, did the Constitution of India provide with detailed definition of Minority? Did the Constitution articles establish who and why would they be considered as minority? No, a deep dive to the constitution would not yield any such result. So, Why so much of Minority Appeasement and What it changed over last 72 years that Hindus had to stand up for Equal Rights?

Before we attempt to take a shot at answering the questions, we would need to understand what changed due to the particular sections of Constitution of India on Minorities. Things certainly didn’t go as well as they might have been envisaged at the time the Constitution was drafted. Today, what we witness is the utter chaos when it comes to Hindu Literature and people around who call themselves as Liberals challenge the ever existence of Indian Historical aspects of Ramayan and Mahabhart. Because of these so called self professed Liberals, conversion of Hindus to other religions is quite evident. we hear terms like Love Jihad, Forced Conversions, Opposition be able to celebrate Hindu Festivals and worship Hindu Deities, Opposition to placement of Hindu Idols in Educational Institutes and many more.

1. Just consider the fact that Meghalay where Hindus were in Majority in 1947, they are now a minority as 74% conversion is reported from Hindu to Christian Faith. As a result NIT had to remove the idol of Lord Ganesha from its campus within 7 days of placing it. Reason given – It causes Communal Tension.
2. There is another report from North East where the Hindu natives tribe is restricted from conducting last rites of dead bodies per Hindu Rituals
3. Consider that in schools run by Christian Missionaries, education on Bible and Christianity is allowed, teaching Quran in Madarsas is allowed, but any education on Indian Scriptures causes Communal disharmony
4. Consider that Pastors and Maulvis are provided with monthly stipend by the State while Hindu Priests have to live on the donations from the devotees
5. Consider that hundreds of murders and mob lynching incidents against Hindus are not reported or no action is taken over the perpetrators because they are from Minority Community. But even a stray incident of someone from minority community is linked with few others and reported in the mainstream media as act bringing minority community’s existence in danger

There are many such cases that we can keep on discussing and all these are nothing but the real abuse of the sections on Constitution of India that state about Minority without defining what is Minority. These are the aspects that have given rise to the communal disharmony in India and that have caused situations where Hindus today had to stand up for Equal Rights. 

Yeah sounds funny, but actually is tragic that Hindus who are the Majority Community in India are actually the oppressed lot who have suffered through 1000s of years of butchery and now are being misguided by the Political Liberals to be Secular. Irony that Constitution of India stresses India to be a Secular Country, but Islam and Christianity don’t have to abide by that with their intent on conversions, while when it comes to Hinduism, we are taught to be Seculars.

Yes, Equal Religious Rights and Equal treatment is a must in a Secular Country and if India needs to be Truly Secular, we must provide Equal Rights to Hindus and even our scriptures must be taught to our children for them to know that Ramayan and Mahabharat were real. Archeological evidence of these have been established, but not something that are taught to us as it doesn’t suit the Political masses.

Abrogating Article 370 – Legal Evaluation

Abrogating Article 370 is not something that the present Government of India (GOI) decided just at the tap of a hammer. It was much calculated and much weighed option by the Think Tank behind the execution of this step. Many of the people have marked this whole process as hasty decision by the Government after Pakistan's Prime Minister Imran Khan had a meeting with US President Donald Trump. In the press conference following the meeting the US President Donald Trump referred to some discussion between him and Indian Prime Minister Narendra Modi about Mediation for peace in Kashmir. This however would not be the case as we evaluate the steps by GOI.

We would also evaluate the legality of the Abrogation of Article 370 as well as Article 35A as there are almost 17 Petitions filed in the Supreme Court of India challenging the legality of the Abrogation of said articles through a Presidential Decree. But before that a brief history of Article 370 and Article 35A

Article 370 was adoption to the Constitution of India on October 17, 1949, almost 2 years after the Treaty of Accession was signed (October 26, 1947). This adoption was identified temporary in nature and provided autonomous status to the State of Jammu & Kashmir that included Ladakh, Jammu, Kashmir (including POK) as well as Gilgit Baltistan. This article became operative on November 17, 1952 while the Constitution of India was not yet adopted until 1956.

Article 35 A was added to the Constitution of India on 14 May 1954 through a Presidential Decree, -The Constitution Order, 1954, Applicable to Jammu and Kashmir. This discriminating article created the divide between Residents of Jammu and Kashmir as in 1947 v/s the refugees who migrated from Pakistan during the partition as well as the people from Valmiki Samaj who were brought to Jammu and Kashmir to do "menial" jobs. This article ensured that the later set of people are marked as "non-citizens" of state of Jammu and Kashmir with No rights at state level including jobs as well as Voting rights.

So, with regards to the Article 35 A, introduced by a Presidential Order and revoked / Abrogated through another Presidential Order, the legality doesn't;t make sense as neither the GOI followed Parliamentary Process then nor was it required on August 5, 2019 when it was abrogated.

That now brings us back to Article 370, abrogation of which is causing all the Noice in Parliament as well as Media by the opposition Parties as well as certain Opinions published across the Indian and Global Web and Print Media. For an evaluation of the Abrogation of Article 370, we review the now Abrogated clauses of Article 370, the article could not have been abrogated without the acceptance from the Legislative Assembly of Jammu and Kashmir, but the GOI did it. How did the GOI do that if the legality of the whole case can be questioned and when we have the Supreme Court that may review such passage of an Act in the Parliament. We know that if the Supreme Court would find the step to be illegal, there would be a Constitutional Disaster in the country including a defacement for the current Government. This calls for a review and evaluation of the pre-curser of the event with regards to Jammu and Kashmir -

1. Bhartiya Janta Party (BJP) supporting a Government with People's Democratic Party (PDP) and getting the detailed information on the overall Electoral base of PDP. With this step, BJP also ensured that PDP gets isolated from Indian National Congress (Congress) as well as National Conference (NC)
2. Background legal evaluation begins for abrogation of Article 370 under the then one Minister of India
3. BJP and PDP have a fallout, the state Legislative Assembly is dissolved and President's Rule is invoked in Jammu and Kashmir
4. Over a period of time the legal reviews are completed and strategy is formed to Abrogate Article 370
5. During its second term, under Narendra Modi led BJP Government, a bill is introduced in Parliament on the Reservation for Jobs in Jammu and Kashmir. Very aptly the rights of state Legislative Assembly are conferred to the Governor of the State, which most of the Opposition leaders do not oppose as the said bill was on "Reservation"
6. Once the Governor of State gets the rights of State Legislative Assembly, President doesn't have to then look for elected representatives forming the Legislative Assembly constituents and recommendation of the Governor is good enough as the recommendation of State Legislative Assembly
7. Governor of Jammu and Kashmir recommends Abrogation of Article 370 and a Presidential Order is issued to this effect
8. Bill is presented in the Parliament for Bifurcation of Jammu and Kashmir into two Union Territories of Jammu and Kashmir and Ladakh. This is passed by both the houses with required 2/3rd majority. Done deal, Constitutional process followed and adhered to

Now the above seven steps if evaluated and if understood would render any such petition as a mislead interpretation of the overall process and the two bills that paved the way to Abrogate Article 370. GOI achieved what it wanted to and to ensure better development in the region as well as counter the terrorism by limiting the trouble area.