Recent cases of Hindus: Maridhas, vlogger from Melapalayam, Tamilnadu, and Darvesh Kishorbha Thummar, an industrialist from Rajkot, Gujarat, both booked under various sections of IPC for criticising #TabligiJamaat for their role in spreading #COVID19. With this incidences, many people asked me why Hindus face regression from government, executive, and judiciary. I am not exaggerating if I say Indian constitution is actually ‘Trojan Constitution‘. If you want to know regression of Hindus, you need to understand both law and constitution from core because all government authorities work within boundary of law. How law and constitution is anti Hindu and how UCC will harmful to Hindus is explained in my previous blog through CDRA and constitution provision. Here I am going to elaborate further specific about constitution of India.
Let me quote some of the portions from laws of India. Those who already aware with such bare acts may directly jump to Interpretation section.
Religious establishments such as mosque, church were juristic personality. Deity given this identity in 2010 in Ramjanmbhoomi case. In recent Sabarimala case, Supreme Court upheld that deity is juristic personality and it has right to privacy and celibacy.
All citizens shall have the right –
- to freedom of speech and expression;
- to assemble peacefully and without arms;
- to form associations or unions;
- to move freely throughout the territory of India;
- to reside and settle in any part of the territory of India;
- to practice and settle in any part of the territory of India.
Subject to public order, morality and health, every religious denomination or any section thereof shall have the right –
- to establish and maintain institutions for religious and charitable purposes;
- to manage its own affairs in matters of religion;
- to own and acquire movable and immovable property; and
- to administer such property in accordance with law.
All minorities, whether based on religion or language, shall have the right to establish and administer educational institution of their choice.
The state shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language.
Item 28 of List III of Seventh Schedule
Charities and charitable institutions, charitable and religious endowments and religious institutions.
Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of citizens of India, by words, either spoken or written, or by signs or by visible representation or otherwise, insults or attempts to insult the religion or the religious beliefs of that class, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
by words, either spoken or written, or by signs or by visible representations or otherwise, promotes or attempts to promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religious, racials, language or regional groups or castes or communities, or
commits any act which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities, and which disturbs or is likely to disturb the public tranquillity, or
organizes any exercise, movement, drill or other similar activity intending that the participants in such activity shall use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, or participates in such activity intending to use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, against any religious, racial, language or regional group or caste or community and such activity for any reason whatsoever causes or is likely to cause fear or alarm or a feeling of insecurity amongst members of such religious, racial, language or regional group or caste or community,
shall be punished with imprisonment which may extend to three years, or with fine, or with both.
Whoever commits an offence specified in sub-section (1) in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall also be liable to fine.
All of above are applicable to minorities. Conjuncture reading of Article 26, item 28 of List III of Seventh Schedule, along with fact that religious establishments are juristic personality, imply Union has authority to establish religious establishments. A classical example of it is The Waqf Act 1995. Waqf is the property handed over to Allah, donor can be Muslim or non-Muslims. It is adjudicated in Karnataka Board of Wakfs v. Mohd. Nazeer Ahmad, the motive of waqf should be religious and only for benefit of Muslim community and if given to non Muslim then he must be poor.
Let’s interpret above Articles.
Constitution promotes blaspheme (IPC 295A. In the case of Ramjilal Modi v State of UP, (1957) SCR 860, Supreme Court held that this section is well within the protection of clause (2) of Article 19 of the constitution of India.)
Constitution has inherent characteristics of ‘Messenger of God'(Article 25).
Minority establishments can own and acquire properties (Article 26. This Article provides for future possibility of minority establishments purchasing whole of the land of India.).
Hindus are welcomed to donate to minorities (Section 104 of The Waqf Act 1995) but Hindus can’t use property of minorities (Karnataka Board of Wakfs v. Mohd. Nazeer Ahmad, AIR 1982 Kant 309, 1982 (2) KarLJ 176). Also, minority property can’t be gifted, transferred, sold, exchanged, mortgaged to Hindus (Section 104A of The Waqf Act 1995).
There is separate judiciary for the interest of minorities (Waqf tribunal under section 83 of The Waqf Act 1995).
Minorities have freedom to establish religious institution (Article 26(a)) with possible government aid (Article 30(1)) with right to propagate the religion (Article 30(1)). (This will allow to establish Madrasa with government funding.)
Hindus don’t have right to interfere in the property matter of minority (Article 26(b)).
For minorities, constitution helps setting up separate judiciary, spreading message of their gods, establish school to teach their religion with public fund, promotes conversion, advocates for funding, ownership and acquisition of property, protects from external interference. All these features are equivalent to protected and promoted ‘Religious Republic’ within ‘Secular Democratic Republic’. This inherent ‘Religious Republic’ is thriving because constitution is giving special privilege to it. But how this inherent ‘Religious Republic’ came in to constitution of India? How this “minoritism” is core agenda of all the political parties?
History of ‘Religious Republic’
To invoke thought process, let me ask you some questions about oldest democracy in modern world, that is USA, from which some portions are copied in Indian constitution.
Where are America’s original inhabitant?
What happened to their land?
Were they part of or consulted for drafting of constitution?
Understanding of US constitution and Bill of Rights is required to answer these questions. Let me brief some of it. Interested readers may investigate further on their own.
Article 6 states no religious test required as a qualification to any office or public trust under the US.
First amendment defines freedom of religion.
Europeans colonised US to possess property and propagate Christianity. Objective of drafters was domination of minority European over majority “barbaric” and “uncivilised” native Americans. This ambitious plan has to be executed in stages; shackle them with chain of constitution law, gradually taking possession of their land using military force of federal union, confine them within small land area through “lollypop” named reservation, these will ease their mass conversion. This is how minority rule can be established over majority. Most important step was to begin uniting all the disputing minority Christian sects to frame constitution which will be mutually cooperative, protective, caring, and accommodative. They agreed upon their common vested interest of spreading “message of god” because all of them were Christians. Their mindset of uniting and propagation is reflected in constitution. For example,
Article 6 was an attempt to sort out differences between protestants, catholics, baptists and recruit them in govt office to accompany common cause of ruling and promote conversion.
- First amendment included to address concern of Christian sects e.g. Virginia baptist. The statute disestablished the Church of England in Virginia and guaranteed freedom of religion exercise to men of all religious faiths, including Catholics and Jews as well as members of all Protestant denominations. (This protection to religious denomination is copied in Article 26 of Indian constitution.)
Understanding history of US constitution will expose fight among Christian sects belong to different countries from Europe, followed by they uniting and sorting out grievances for common cause of conversion and illegal occupation. It was State sponsored mass conversion and illegal occupation. Thus, in principle, their constitution was ‘Federal Religious Republic’. The land was divided without bothering original owners because anyway they were supposed to be ruled and suppressed don’t have choice of opinion. If you observe map of US you will notice borders of states are almost straight line because it was open loot to occupy land as it belong to no one. Native Americans were converted and eventually confined in to ghettos called as Indian Reservations.
US constitution was an attempt to protect rights of sectarian Christian minorities but Marxist and communists began to misuse it for their own political advantage, in promoting anti-Christian and pro-communist politics, which can be reveled from Supreme Court rulings in twenty first century. Because such provisions are exploited for political gain, they have made constitution ‘Trojan Constitution’.
Constitution of India: A Trojan Constitution
Situation is same in India. As native Americans were not consulted, in same way Indians were not consulted while copying Government of India Act 1935 in to constitution, which was by nature prejudicial to slave Indians for being enacted by ruler British. Drafters of Indian constitution copied parts of ‘Federal Religious Republic’ without understanding its core philosophy of “unification of religious minority to establish religious republic, minority rule over majority, gradual destruction of majority through assimilation”. Thus, this same ‘Religious Republic’ inherited in constitution of India while “copying” US constitution. Since this ‘Religious Republic’ is inherently anti-majority, it is ‘Trojan Constitution’ for Hindus. This thriving ‘Religious Republic’ attracts political parties in India to woo minority votes. And thus Indian politics has become pro-minority.
- Basu, D. D. “Introduction to Constitution of India”, Lexis Nexis Butterworths Wadhwa.
- The Wakf Act 1995.
ઝબકારો: There is famous dictum in Gujarat “નકલ ને અક્કલ નો હોય” (copy don’t have brain).