Fr Cedric Prakash SJ –
For the past couple of days, electronic and print mainstream media in the country, have been highlighting the public ‘promise’ made by the Archbishop of Tellicherry. During a protest rally of some Catholic rubber farmers he offered to help the BJP open an account in Kerala in the next election, provided the price of rubber is increased to Rs 300 per kilogram. In doing so, the Archbishop, has done a great disservice to Christ and the Constitution of India. This on several counts which include: no hierarchy or clergy is expected to take sides with any political party (though, in the fitness of things they are duty-bound to expose the wrong that is taking place); the BJP has proved to be an anti-minority party, the attacks on Christian personnel and institutions continue all over the country; not long ago, farmers from all over the country protested for over a year against the anti-farmer laws being introduced by the BJP. There are no records that show that the Archbishop took up cudgels on behalf of the small farmers of the country(including those in his diocese);he has also not condemned the minority-bashing which is taking place in the country today!
The Archbishop’s ‘promise’ has naturally drawn plenty of flak from all sections of society but particularly from those who cherish the secular and democratic fabric of the country.! The minuscule Christian community – which officially comprises just about 2.3% of the country’s population, has been hogging the headlines, recently and for all the wrong reasons! In the past, several Christians who took part in the freedom struggle, were members of the Constituent Assembly and who contributed significantly to the visionary Constitution that has guided the nation. Christians have been at the forefront of education – educating the ‘creme de la crème’ and others of the nation, providing medicare to those who were sick and above all, reaching out to the poorest of the poor, the excluded and the exploited , through selfless services which empowered the sub-alterns with justice , dignity and equity and ensured their rightful place in society. All these works continue today, but they seem to fade into insignificance, with the new narrative which is throttling the nation .
The last few years have witnessed a dramatic change with the political ethos and morality of the country at its nadir . Several politicians from across the spectrum today demonstrate an unbridled lust for power. Serving the people selflessly – is apparently no longer the top priority for many of them; to gain power by hook or by crook) and to stay in power, is all that matters! Many of the politicians do not care about the consequences and of the harm they are doing to the democratic structure, the diversity and the secular fabric of the country
The new narrative is made manifest with the systematic polarization which the country currently is painfully going through. The votaries of the ‘Hindutva’ ideology are at the helm of this. They have one clear aim to make of India a Hindu – nation state by 2025 (when the parent organization, the RSS, completes hundred years of existence ). A full page advertisement in Hindi in several Varanasi based Hindi dailies on 15 March 2023 entitled ‘Call to become Sanyasi’ says “ Those who have resolved to establish Hindu Sanatan Dharm as National and World Religion ” with a nine day rigorous training programme beginning 22 March and ending on Ram Navami, is a clear sign of things to come
The anti – conversion laws which have been passed by some States, though still in the hearing stage in the Supreme Court provide vigilantes, in an unhealthy nexus with local police to take law and order in their own hands. routine prayer services are disrupted and attacked; false cases of so- called ‘forced’ conversion are made: priests and religious sisters are arrested and even denied bail on the flimsiest of reasons. There are instances when Hindutva elements have demanded exorbitant sums of money from priests, threatening them with false cases, if the money is not received..
On the other hand, some Christians including hierarchy, clergy and laity are far from being authentic witnesses to the person and message of Jesus; there are instances of financial scams, sexual misconduct, and other improprieties, which make both individual and institution extremely vulnerable and pliable. There are examples of how the ruling regime has hammered powerful Christians to submission, the underlying posturing is that ‘nothing will happen to you, if you join (or are with) us; if you do not do so, then we will destroy you.’ When a person has lost all credibility, the so-called ‘Christian’ has no choice but to succumb to the blackmail and the threats of the powers that apparently control their destinies.
People often wonder why MLAs and MPs who have been elected under the banner of a political party easily ‘cross the floor’ and join the ruling regime. The answer is obvious! Besides, the ruling regime has plenty of black money to buy up politicians from opposition parties. The recent political imbroglio in Maharashtra, which is awaiting a Supreme Court verdict, is a case in point! Many Christian politicians are also easy prey: we have the classic example of ‘Catholic’ politicians, in the Goa Assembly elections having absolutely no qualms of conscience to leave the party they were elected from, to join the ruling party.
The recent elections in the three North Eastern states of Meghalaya, Nagaland and Tripura calls for great introspection. The Christian population of Nagaland is estimated to be around 90% and that of Meghalaya around 75%; Tripura has a much smaller Christian population of about 4%. Today, however in all these States, the BJP is calling the shots, setting the political agenda and in fact, ruling (despite getting just 2 seats in Meghalaya) .The reasons for this seismic political change are several. Many of the politicians (despite being Christian) are corrupt; this is no State secret and which the BJP can exploit to their advantage. Then the BJP also used the Christian card, singing ‘Alleluias’ and ‘Praise the Lord’ in their campaigning. The BJP was happily legitimising the eating of beef in the north-east; whereas in most parts of India they and their ilk, lynch and kill minorities even if the latter just happen to ferry a cow in a vehicle. Then of course, the Sangh Parivar has its whole armoury of money, muscle, mafia, media and manipulations.
Sadly, several of the Christian politicians (and surely some people too) were trapped into playing the ‘religion’ card whether it was campaigning with Christian rhetoric or organising a patently unconstitutional swearing -in ceremony for the newly elected legislators of Nagaland . Having a pastor pray and a choir sing a Christian song has only made it easier for the BJP to give legitimacy for Hindu rituals at Government functions and thus to effectively destroy the secular fabric of the country. Of course, several Christians, (who hardly bother about Constitutional propriety and the severe repercussions such so-called ‘Christian’ acts would have on the future of the country) went ‘ga-ga’ when they watched clippings of the Nagaland swearing- in ceremony; there was a similar response when the CM of Meghalaya went to Vailankanni ; those who cheered him did not care a hoot for the fact that CM has literally sold his state to a fascist regime.
The big news a few days ago, is that the BJP is going all out to woo the Christians of Kerala during the Easter season. The Archbishop of Tellicherry’s public statement came only after some of the BJP functionaries met him. Several efforts have also been made in the past. The last elections however, in God’s own country was an overwhelming defeat for the BJP. The ground realities are different now; the BJP has the upper hand in the face of growing scandals among sections of the Kerala Christians. Some Christians (including some hierarchy and clergy) are warming up to the BJP. Besides opportunism, everyone knows why!!!
Few Christians in the country stand up and speak up for the values of the Gospel which are so beautifully enshrined in the Constitution of India. The nation today is suffering as never before! Communalism, Casteism, Criminalisation of politics, Corruption and Consumerism are rampant. At the receiving end of a brutal, unjust and inhuman system are the excluded and exploited, the migrants and labourers, the minorities: Muslims, Christians and others; human rights defenders and those who cherish freedom of speech and expression and a free press; those who defend the right to preach, practise and propagate one’s faith; those who are victims of venomous hate speeches and attacks, of demonization and discrimination. Those who have false cases foisted on them – with Government (Constitutional and quasi) bodies breathing fire on them. Then we have the fisherfolk of Kerala and others who have been displaced by megaprojects and the mining mafia (who destroy our precious natural resources); those who are concerned about the ecology (Josimath is a classic case) and environmental justice; the LGTBQIA community; the small farmers and land-holders; the small investors who have fallen prey to a corrupt regime which has been hijacked by crony capitalists like Adani. The Adivasis who are denied their jal, jungle aur jameen, the Dalits and other vulnerable sections of society. There are many more; the list is endless! How many of our Christians (particularly politicians) or the Church as a body, spoken out against all these evils taking place in the country today?
Interestingly, in February 2012 at 30th CBCI Meeting in Bangalore on the theme ‘The Church’s Role for a Better India’, the Catholic Bishops stated, “We sensed in our hearts our country’s yearning for a Better India. Our country has been noted for its deep spirituality, its saints and sages, its rich diversity of cultures and religions. People yearn for the ideal enshrined in the Preamble of the Constitution of India of a Sovereign, Socialist, Secular, Democratic Republic which will secure for its citizens Justice, social, economic and political; Liberty of thought, expression, belief, faith and worship; Equality of status and of opportunity; Fraternity assuring the dignity of the individual and the unity and integrity of the Nation. But this yearning has remained largely unfulfilled. Economic development has brought about increasing inequities, an ever-widening gap between the rich and the poor with consequent tensions spilling over into violence. We see around us a betrayal of the poor and marginalized, the tribals, dalits and other backward classes, women and other groups who live in dehumanising and oppressive poverty. We witness rampant exploitation of children. There is disappointment with those in public life for whom ethical concerns matter little. The Church does not wish to rest on her laurels. She recommits herself to being a prophetic Church, taking a decisive stand in favour of the poor and marginalized “We envision an India with more attributes of the Kingdom of God such as justice and equity with its consequent fruits of love, peace and joy.” Today, times are far worse! Will our Bishops today demonstrate the much-needed prophetic courage and speak up for truth and justice and for the values of the Constitution, in the same manner they did in 2012?
Those who call themselves ‘disciples’ of Jesus have no qualms of conscience to hobnob (to sup and more) with fascists fundamentalists and fanatics, who brazenly destroy the sanctity of the Constitution and the secular, pluralistic fabric of the country. These ‘disciples’ find it easier to indulge in a politics of convenience and compromise. They support Hindutva terms like ‘love jihad’ and ‘drug jihad’; they do not to take on the Government and police, if schools/institutions are attacked by the Sangh Parivar or if religious sisters are harassed and hounded out of a train. They are afraid to call for the revocation of the CAA amendments, the UAPA and other sedition laws; or for the total repeal of the draconian anti-conversion laws; they are frightened to support the protesting farmers or workers or for that matter, the unconstitutional abrogation of Articles 370 and 35A where Kashmir is concerned. For these Christians standing up to the ruling regime is just not possible. They prefer the more ‘diplomatic’ and ‘cautious’ approach: ‘silence’ they say is important for the ‘greater good.’ Some of them selectively use scriptural texts to justify their fears, ignorance and exclusiveness! All these are sinful!
Jesus and his gospel without compromise are about exactly the opposite. Jesus says “fear no one; I am with you!” When Christians have no courage to take a stand for justice and truth, because those who rule us may take away our possessions, privileges, power, position whatever – we are in fact sending a stronger message which is contra-witness: that our faith in Jesus is shallow, mere lip-service; that we really do not believe in him; that our treasures are with the rulers of this world! Ignorance is never a value: Jesus himself warned us about our inability to “read the signs of the times.” If we don’t stick our necks out -one will perhaps still lose everything, but also one’s own credibility! Christians of India must wake up now, stop selling one’s soul, betraying Jesus and the Constitution of India!
In ‘Evangelii Gaudium’, Pope Francis reminds us that, “The dignity of the human person and the common good rank higher than the comfort of those who refuse to renounce their privileges. When these values are threatened, a prophetic voice must be raised.” Is anybody listening?
Fr Cedric Prakash (GUJ) is a human rights, reconciliation and peace activist/writer. Contact: [email protected]
Regarding Fr Cedric’s mention of Anti-Conversion Laws, these have been passed in 11 out of 29 states as follows with the objective of curbing change of religion (primarily from Hinduism to Christianity or Islam) by individuals or groups:
(1) Odisha (1967), (2) Madhya Pradesh (1968), (3) Arunachal Pradesh (1978), (4) Chhattisgarh (2000 and 2006), (5) Gujarat (2003), (6) Himachal Pradesh (2006 and 2019), (7) Jharkhand (2017), (8) Uttarakhand (2018), (9) Uttar Pradesh (2020), (10) Karnataka (2022) and (11) Haryana (2022).
From the timeline above, it is evident that contrary to popular notion, six out of the above states passed Anti-conversion Laws during the Congress regime. Though Arunachal Pradesh passed the Freedom of Religion Act in 1978, it was never enforced.
Anti-conversion laws passed in the above states have been challenged in the high courts of Himachal Pradesh, Madhya Pradesh, Uttar Pradesh, Jharkhand, Gujarat and Karnataka. 21 petitions have been filed in the Supreme Court of India over anti-conversion law cases pending in these six courts.
On 30th January 2023 Attorney General R. Venkataramani told a bench led by Chief Justice of India D.Y. Chandrachud that the Indian Government has “serious objections” to these petitions being transferred to the Supreme Court, for a uniform hearing. “These are state legislations. The state high courts must hear these matters,” Venkataramani argued.
The petitioners in the Supreme Court wanted anti-conversion laws in the above states to be declared unconstitutional for trampling on the Right to Freedom of Religion.
On Friday 3rd February, the Supreme Court sought responses from Uttar Pradesh, Madhya Pradesh, Gujarat, Himachal Pradesh, Uttarakhand, Karnataka and Jharkhand governments on petitions challenging the validity of Religious Freedoms Act. Attorney General R. Venkataramani raised strong objections to the Supreme Court entertaining petitioners’ pleas for a composite hearing of these cases pending in various high courts. The court fixed 17th March 2023 for the next hearing. On 17th March, the court gave more time to the state governments and fixed 18th July as the next date of hearing.
According to the Indian Constitution, India is a Secular country. Therefore no religion should be given government patronage. In a truly secular country people of different religions and faiths have the freedom to practise and propagate their religion. Anti-conversion laws have taken away this freedom and created fear and discrimination. With due deference to the Indian Constitution, the Apex Court should declare anti-conversion laws null and void.
This refers to Fr Cedric Prakash’s apprehension and reiteration that some vigilante Hindu groups are giving open calls to eliminate the religious minorities and convert our democratic, sovereign and secular India into a ‘Hindu state’.
In view of Keshavananda Bharti v. State of Kerala (1973) case pronouncement by the Supreme Court of India, Fr Cedric’s contentions are technically incorrect and is tantamount to raising a fear phobia among the minority communities. All it does is add fuel to fire and make minorities soft targets. The Sikhs, Jains and Parsees too are minorities. They have not raised the fear phobia of Fr Cedric.
In the Keshavananda Bharti case the Supreme Court clearly stated that the Parliament cannot change, even by overwhelming majority, the Basic Structure of the Indian Constitution. Some of the tenets of this structure are given below:
(1) Supremacy of the Constitution (2) Secularism (3) Rule of law (4) The principle of Separation of Powers among the Legislature, Executive and Judiciary (5) The objectives specified in the Preamble to the Constitution (6) Judicial Review (7) Articles 32 and 226 (8) Federalism including financial liberty of states under Articles 282 and 293 (9) The Sovereign, Democratic, Republican structure (10) Freedom and dignity of the individual (11) Unity and integrity of the Nation (12) Independence of the Judiciary and (13) Powers of the Supreme Court under Articles 32, 136, 141, 14. (Source: Wikipedia).
Only the Judiciary decides the Basic Features of the Constitution and not the parliament. These “basic” features would be determined by the Supreme Court of India on a case to case basis.
Going by the above premises, even if any Indian government by an overwhelming majority in the Parliament were to declare India a Hindu Rashtra or an Islamic State, it will be struck down by the Supreme Court of India.
Readers may refer to Aakar Patel’s article 1st October 2018 “WHY BJP CAN’T TURN INDIA INTO HINDU RASHTRA” https://www.rediff.com/news/column/why-bjp-cant-turn-india-into-a-hindu-rashtra/20181001.htm in Rediff.com. Aakar is winner of the 2018 Prem Bhatia Award for Political Reporting and Executive Director, Amnesty International India.
From time to time CBCI and some bishops urge us, by fits and starts, to uphold and value our Constitution. How can the Laity do this if its members at large know only bits and pieces of our Constitution? To make our laid-back community aware of its rights and duties, the Constitution has to be disseminated at the grassroots level. This can be best done in a modular easy-to-understand form by our 65,000+ Missionary schools (50,000 Catholic) all over the country. Colleges / Universities having Political Science and Sociology/Social Work may also be roped in this nation-building endeavour.
By the way, CAA is neither anti-Christian nor anti-Muslim. It just says Muslims from neighbouring Muslim republics cannot ask for fast-tracked citizenship. They can always apply for Indian Citizenship under the normal procedure. World famous musician and keyboard wizard Adnan Sami from Pakistan is now an Indian citizen. Did the Indian government block his application?
According to the idea of constitutional supremacy, all state institutions, including the parliament and state legislatures, are bound by the Constitution as the highest law of the realm. They are required to act within the restrictions imposed by the Constitution. The Constitution is what gives them life and authority, so everything they do must be in accordance with it.
The Constitution is a fundamental law and it is within its bounds that governmental bodies exercise their authority and carry out their duties. Both the State Legislature and the Union Parliament are not sovereign. Any law, whether from the Union or a state, is evaluated for legality in light of the Constitution’s definition of each jurisdiction. If any constitutional provision is determined to have been violated by a statute, the judiciary has the authority to declare the law unconstitutional. The Supreme Court of India is the final Arbiter.
The case of Kesavananda Bharati & Ors. v. State of Kerala & Anr. is a landmark judgement that for the first time dealt with the Doctrine of Basic Structure and ruled that the basic structure of the Constitution is unamendable.
The doctrine of basic structure is very significant to the Constitution of India as it protects the Constitution from the misuse by the Parliament of its power to make amendments to the Constitution. Due to this doctrine, Parliament cannot amend the Constitution as per its whims and fancies. (Source: IPleaders, 8th August 2022 : Basic Structure of Indian Constitution).
Absolutely right Mr. Gomes