Hindutva and Proposed Anti Minorities Legislation

Abdul Basit Alvi

India is firmly following the ideology of Hindutva. Hindutva is the predominant form of Hindu nationalism in India. The term was formulated as a political ideology by Vinayak Damodar Savarkar in 1923. It is used by the Rashtriya Swayamsevak Sangh (RSS), the Vishva Hindu Parishad (VHP), the Bharatiya Janata Party (BJP) and other organizations, collectively called the Sangh Parivar. The Hindutva movement has been described as a variant of right-wing extremism, and as “almost fascist in the classical sense”, adhering to a concept of homogenized majority and cultural hegemony. Modi is follower of the Hindutva ideology which is based on the supremacy of India and Hindus. They are going ahead with same mentality of bypassing the human right issues regarding minorities. They want to keep their hold on minorities of India and on the neighboring countries under Ideology of Hindutva.

Vinayak Damodar Savarkar, a prominent figure in the BJP, left a significant impact on Indian politics and society. In his pamphlet “Hindutva: Who is a Hindu?” published in 1923, he outlined his vision of Hindutva as a political and cultural idea that shapes a HinduRashtra (nation). Savarkar’s interpretation of Hinduism drew inspiration from right-wing political movements like fascism and Nazism in Europe. In 1923, Savarkar made statements that have been controversial among Muslims. These statements, when examined through a Muslim lens, raise questions about his stance towards religious pluralism and the rights of minority communities. Furthermore, Savarkar’s views on mosques have also drawn attention. His position on the demolition and reconstruction of mosques has been a subject of debate and concern, particularly for the Muslim community. “Muslims can either adopt Hindu culture and language, or they can live in this country wholly subordinated to the Hindu nation claiming nothing, deserving no privileges, far less any preferential treatment, not even citizen’s rights.” – This statement reflects Savarkar’s view that Muslims in India should assimilate into Hindu culture or accept a subservient position within the Hindu nation

India under its Hindutva approach is planning to bring legislation against identity of different minorities in India. In his article Ashok Samal of HNLU has given comprehensive details about a new proposed and controversial legislation against minorities. During recent decades, the Uniform Civil Code (UCC) issue has been raised from time to time mostly by Sangh Parivar, Leftist parties and feminists. The agenda has been taken up by BJP; especially since the Shah Bano controversy in 1985 (Shah Bano demanded alimony after divorce from husband as she was unable to fin sp herself; the court ruled in her favour citing the need for UCC under article 44). The case was significant as the, Indian Supreme Court ruling overturned Muslim claims that the husband has no responsibility to the divorced wife after the iddat period is over. Ever since the Shah Bano case became a nationwide political issue in India and a widely debated controversy. The BJP was the first party to promise UCC if elected into power. The Uniform Civil Code (UCC) is a proposed common law for India that applies to all religious communities in matters such as marriage, divorce, inheritance, and adoption. On 14 June 2023, Indian 22nd Law Commission has sought suggestions on UCC Under article 44 of Indian Constitution. For the Bharatiya Janata Party (BJP), it has been a priority agenda item in Parliament since 2016.

According to him, Article 44 of the Constitution of India talks about the implementation of a Uniform Civil Code throughout the territory of India. However, India is a diverse country with 80% Hindus, 13.4% Muslim, 2.3% Christians, 1.9% Sikhs, 0.8% Buddhists, and 0.4% Jains. The Indian Constitution also recognizes the differences in the culture of different religions and aims to protect the same under Right to religion. According to BBC, This UCC law would mean that all personal religious laws would be kept at bay and a uniform personal law governing areas of marriage, divorce, inheritance etc. would be formulated. The Uniform Civil Code would essentially replace personal laws based on religion with a common set of laws for all citizens, which could potentially lead to the erosion of minority rights and cultural diversity. This seems like yet another ploy by the BJP to target minority communities and further their Hindutva agenda. BJP proactively advocating UCC is the same party which is leading the call to construct Ayodhya Temple and abrogation of article 370 of Indian constitution. It is under BJP Government that:- Genocide watch of USA has declared India on an advance level of genocide against Muslims. More than 2000 annual cases of violence are recorded against Christians. Most recently more than 98 people lost their lives and 37,000 have been dislocated Manipur ethnic violence incidents. State persecution of Sikhs has led to the call for independent Khalistan. Hate crimes including violence against Dalits and Adivasis were committed with impunity. More than 50,000 suspected crimes against members of Scheduled Castes and more than 9,000 crimes against Adivasi people were reported annually. The abysmal track record of minority rights under BJP led government is an endorsement of the fact that UCC will be used to infringe on minority rights, erase their identity and enforce Hindu dominant laws / way of life on social. The divisive intent of BJP and the insidious ways in which they have been executed has cast a shadow over the BJP’s call for a UCC. The BJP’s main intent to make India as “Hindustan” in the disguise of equality and uniformity can be clearly seen in UCC as it will undermine the fundamental differences in personal affairs of Muslims and other minorities.

Ashok further says that, Indian Law Minister under the previous UPA government, Veerappa Moily, has said UCC was not implementable. “It is impossible to implement it in a multi-cultural, multi-racial and multidimensional country like India”. Typically, a country’s constitution protects minorities’ rights from being violated by the majority. However, UCC does not take into account the diverse cultural and religious practices of minority communities could lead to marginalization and discrimination. Political parties in India are also vary of BJP insidious designs behind implementation of UCC, Aam Admi Party (AAP), Trinamool Congress (Mamta Banerjee) and Religious Sikh parties oppose UCC as an interference in religious matters. Moreover, the implementation of the Uniform Civil Code (UCC) is being opposed by a number of groups, including the Nagaland Bar Association and the Muslim community. The Nagaland Bar Association and Muslim community has warned that the implementation of the UCC would cause social disorder. The implementation of the UCC is a conspiracy aimed at setting aside the views of the minority communities and mandatorily imposing Hindu dominant UCC on all citizens of the nation. The All-India Muslim Personal Law Board has also boycotted the Law Commission’s questionnaire on the UCC, saying that it is against the spirit of the Constitution, which safeguards the right of citizens to practice their culture and religion. The minority view is that the Union Government cannot hold a public referendum on the issue of ‘triple talaq’, as it is part of Muslim personal law and only Muslims should be allowed to decide on it. The 21st Law Commission, an advisory body to the government on legal reform, also stated in 2018 that the code was neither “necessary nor desirable.” In fact, Modi in his narcissistic and fascist approach to make India as Hindu controlled country in all domains want to force Hindu Personal law on Indian Muslims as well by interfering in the basic personal laws like marriage, divorce and adoption etc. Indian government is all set to impose Hindu ideas/practices to undermine religious minorities especially Muslims on the name of equality and secularization. BJP’s political gimmick of UCC is mainly for political mileage and consolidate its Hindu vote bank amid incoming Lok Sabha elections 2024.

Readers, the real face of a so-called secular country is in front of the World. United Nations, Human Right agencies and the whole World should pressurize India to refrain from such discriminated legislation against minorities.

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