Skip to main content

Why I think 26th November is not our #ConstitutionDay, 18th December is

By Samir Shukla*
I share it each year…. as I want the realisation to sink in, especially to the young generation that has no memory of the great “emergency” of 1976. 
My Whatsapp account is not exactly getting bombarded with images of the preamble of our constitution to celebrate its birth anniversary today, but as I do have some informed friends celebrating the day, I am forced to ponder over a few words there-in that were (probably intentionally) not written in the revered book by our founding fathers, and yet very few Indians are acknowledging what they actually mean for the nation.
I am sorry to say that it is no longer appropriate to consider 26th November as our Constitution Day, as what was enacted on that date in 1949 is now infected with more than 2000 viruses that have changed its DNA completely.
What we now have is a new species with a fundamentally different DNA, as our constitution is no longer a deed that reflects the religion-agnostic idea of a nation envisaged by our founding fathers.
18th December 1976, the date on which 42nd Amendment that changed the preamble was assented to, must be treated as a new birthdate of a brand new nation. It was a momentous change that brought religion to a nation a conceived without one.
As someone born in a nation that was only “sovereign democratic republic”, the new preamble that has turned India into a “sovereign, socialist secular democratic republic”, 18/12/1976 is a date that changed India forever.
Strange and counterintuitive it may sound, but the insertion of word “secular” in the preamble of our constitution has destroyed the very fundamental idea of India that was expected to keep religion away from the national discourse, as it opened the floodgates that brought religions into the national politics in full force.
Till that date India was almost a unique nation sans religion in its constitution. By avoiding religious reference in the preamble, the founding fathers had brilliantly kept religions outside the meddling of the state, making religion a need-based idea that the state may refer to based on the requirements of making a law.
This deliberate avoidance of religious positioning in preamble is actually in line with religion-specific laws that the nation enacted, as state was not to look at religion beyond the limited idea that it was a quality that placed people in a given group that needed a unique set of laws to function.
It was a fine idea of jurisprudence that addressed a critical need of a diverse nation, i.e. need of different laws for different religions without bringing them on one platform where they are compared with each other.
Cometh the 42nd amendment and the nation change forever.
The state now became a stakeholder in the religion-space of the nation. The insertion of the word “secular” did not mean that state would not interfere in religious issues; instead, it ended up meaning that state must proactively interfere with natural and social dynamics of religions and traditions.
The net result is, secularism became a brand new religion, a dogma worse than any religion as it was given a shin of superiority over all religions. It turned India into a cauldron of simmering faiths and a nation looking for an identity.
The changes brought in the preamble on the fateful day of 18/12/1976 by Indira Gandhi has destroyed the very foundation on which Ambedkar’s truly “secular” nation was built, as it has opened up a Pandora’s box from which far too many demons have escaped now. It may have worked wonders for political parties; it has ensured that every religion is now pitted against the other.
Thanks to this change, politicians have been able to turn into the proverbial monkeys that are eating from the pie while the cats await interference from the state in the name of justice in deciding their share. It is a dream come true for politicians but a nightmare for the nation.
While the idea of insertion of the word “secular” is toasted by the elites, the real truth is, India could have been far more secular without having the word inserted in the preamble. Avoidance of “secular” was a far better route to achieve the coveted idea of separation of church and state.
All that India has achieved thanks to 42nd Amendment is opening up the back door for the state to meddle with religious issues in the name of secularism.
Even though we are a nation teaming with religions and faiths coexisting since eons, we seem to have chosen secularism as an antithesis of Hinduism, the biggest religion that drives the nation. The net result is, Hinduism has ended up bearing the brunt of state interference and is now turning hostile.
What we are seeing today are the initial reverberations of the 42nd Amendment, a change that threw a stone in a vast ocean called India. If we don’t recognize the problem, they may turn into a nation engulfing Tsunami.
We may or may not marry any religion; we need to stop our toxic love affair with secularism, as it is a relationship that has not worked for us.
#Constitution #ConstitutionDay2024
#1976emergency
---
*Source: Author's Facebook timeline 

Comments

TRENDING

How Hindutva and the Taliban mirror each other in power and ideology

By Bhabani Shankar Nayak*  The recent visit of Taliban-appointed Afghan Foreign Minister Amir Khan Muttaqi to India and the warm reception extended to him by the Modi government have raised questions about India’s foreign policy direction. The decision appears to lend legitimacy to the Taliban regime, which continues to suppress democratic aspirations in Afghanistan. 

Justice for Zubeen Garg: Fans persist as investigations continue in India and Singapore

By Nava Thakuria*  Even a month after the death of Assam’s cultural icon Zubeen Garg in Singapore under mysterious circumstances, thousands of his fans and admirers across eastern India continue their campaign for “ JusticeForZubeenGarg .” A large digital campaign has gained momentum, with over two million social media users from around the world demanding legal action against those allegedly responsible. Although the Assam government has set up a Special Investigation Team (SIT), which has arrested seven people, and a judicial commission headed by Justice Soumitra Saikia of the Gauhati High Court to oversee the probe, public pressure for justice remains strong.

Celebrating 125 yr old legacy of healthcare work of missionaries

Vilas Shende, director, Mure Memorial Hospital By Moin Qazi* Central India has been one of the most fertile belts for several unique experiments undertaken by missionaries in the field of education and healthcare. The result is a network of several well-known schools, colleges and hospitals that have woven themselves into the social landscape of the region. They have also become a byword for quality and affordable services delivered to all sections of the society. These institutions are characterised by committed and compassionate staff driven by the selfless pursuit of improving the well-being of society. This is the reason why the region has nursed and nurtured so many eminent people who occupy high positions in varied fields across the country as well as beyond. One of the fruits of this legacy is a more than century old iconic hospital that nestles in the heart of Nagpur city. Named as Mure Memorial Hospital after a British warrior who lost his life in a war while defending his cou...

N-power plant at Mithi Virdi: CRZ nod is arbitrary, without jurisdiction

By Krishnakant* A case-appeal has been filed against the order of the Ministry of Environment, Forest and Climate Change (MoEF&CC) and others granting CRZ clearance for establishment of intake and outfall facility for proposed 6000 MWe Nuclear Power Plant at Mithi Virdi, District Bhavnagar, Gujarat by Nuclear Power Corporation of India Limited (NPCIL) vide order in F 11-23 /2014-IA- III dated March 3, 2015. The case-appeal in the National Green Tribunal at Western Bench at Pune is filed by Shaktisinh Gohil, Sarpanch of Jasapara; Hajabhai Dihora of Mithi Virdi; Jagrutiben Gohil of Jasapara; Krishnakant and Rohit Prajapati activist of the Paryavaran Suraksha Samiti. The National Green Tribunal (NGT) has issued a notice to the MoEF&CC, Gujarat Pollution Control Board, Gujarat Coastal Zone Management Authority, Atomic Energy Regulatory Board and Nuclear Power Corporation of India Limited (NPCIL) and case is kept for hearing on August 20, 2015. Appeal No. 23 of 2015 (WZ) is filed, a...

New RTI draft rules inspired by citizen-unfriendly, overtly bureaucratic approach

By Venkatesh Nayak* The Department of Personnel and Training , Government of India has invited comments on a new set of Draft Rules (available in English only) to implement The Right to Information Act, 2005 . The RTI Rules were last amended in 2012 after a long period of consultation with various stakeholders. The Government’s move to put the draft RTI Rules out for people’s comments and suggestions for change is a welcome continuation of the tradition of public consultation. Positive aspects of the Draft RTI Rules While 60-65% of the Draft RTI Rules repeat the content of the 2012 RTI Rules, some new aspects deserve appreciation as they clarify the manner of implementation of key provisions of the RTI Act. These are: Provisions for dealing with non-compliance of the orders and directives of the Central Information Commission (CIC) by public authorities- this was missing in the 2012 RTI Rules. Non-compliance is increasingly becoming a major problem- two of my non-compliance cases are...

Urgent need to study cause of large number of natural deaths in Gulf countries

By Venkatesh Nayak* According to data tabled in Parliament in April 2018, there are 87.76 lakh (8.77 million) Indians in six Gulf countries, namely Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates (UAE). While replying to an Unstarred Question (#6091) raised in the Lok Sabha, the Union Minister of State for External Affairs said, during the first half of this financial year alone (between April-September 2018), blue-collared Indian workers in these countries had remitted USD 33.47 Billion back home. Not much is known about the human cost of such earnings which swell up the country’s forex reserves quietly. My recent RTI intervention and research of proceedings in Parliament has revealed that between 2012 and mid-2018 more than 24,570 Indian Workers died in these Gulf countries. This works out to an average of more than 10 deaths per day. For every US$ 1 Billion they remitted to India during the same period there were at least 117 deaths of Indian Workers in Gulf ...

History, culture and literature of Fatehpur, UP, from where Maulana Hasrat Mohani hailed

By Vidya Bhushan Rawat*  Maulana Hasrat Mohani was a member of the Constituent Assembly and an extremely important leader of our freedom movement. Born in Unnao district of Uttar Pradesh, Hasrat Mohani's relationship with nearby district of Fatehpur is interesting and not explored much by biographers and historians. Dr Mohammad Ismail Azad Fatehpuri has written a book on Maulana Hasrat Mohani and Fatehpur. The book is in Urdu.  He has just come out with another important book, 'Hindi kee Pratham Rachna: Chandayan' authored by Mulla Daud Dalmai.' During my recent visit to Fatehpur town, I had an opportunity to meet Dr Mohammad Ismail Azad Fatehpuri and recorded a conversation with him on issues of history, culture and literature of Fatehpur. Sharing this conversation here with you. Kindly click this link. --- *Human rights defender. Facebook https://www.facebook.com/vbrawat , X @freetohumanity, Skype @vbrawat

Epic war against caste system is constitutional responsibility of elected government

Edited by well-known Gujarat Dalit rights leader Martin Macwan, the book, “Bhed-Bharat: An Account of Injustice and Atrocities on Dalits and Adivasis (2014-18)” (available in English and Gujarati*) is a selection of news articles on Dalits and Adivasis (2014-2018) published by Dalit Shakti Prakashan, Ahmedabad. Preface to the book, in which Macwan seeks to answer key questions on why the book is needed today: *** The thought of compiling a book on atrocities on Dalits and thus present an overall Indian picture had occurred to me a long time ago. Absence of such a comprehensive picture is a major reason for a weak social and political consciousness among Dalits as well as non-Dalits. But gradually the idea took a different form. I found that lay readers don’t understand numbers and don’t like to read well-researched articles. The best way to reach out to them was storytelling. As I started writing in Gujarati and sharing the idea of the book with my friends, it occurred to me that while...

Youth Socialist Convention to chart roadmap for india’s socialist renewal

Ram Manohar Lohia, Acharya Narendra Dev By Dr. Prem Singh*  Enough has been written about defining and explaining imperialism; what is needed now is to eliminate it from the world. India’s socialist movement, with its revolutionary ideology and praxis, has several original characteristics: