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‘Hindu Rashtra’ is impossible under secular Constitution: Indira Jaising

Adv. Indira Jaising

New Delhi – ‘With secular Constitution in the country, Hindu Rashtra can never come into existence. Of course, the day you decide to make a Hindu Rashtra, you must do it without the Constitution. When that day comes, we will see what needs to be done. There is no need for us to comment on this today’, senior advocate Indira Jaising said. She was speaking on the topic of ‘India’s Modern Constitutionalism’ at the ‘Justice Sunanda Bhandare Memorial Lecture’ discussion. Former Supreme Court Judge Madan B. Lokur, Delhi High Court Chief Justice DK Upadhyaya, and Justice Vibhu Bakru were also present at the event.

Points presented by Adv. Indira Jaising :

1. Ram is not my idea of India !

It is often heard that people say, ‘Ram is my idea of India’. I disagree with that. (Jaising’s statements make her mindset clear ! – Editor) Ram is not my idea of India. The Constitution of India is my idea of India. (Even today, Ram Rajya is considered the ideal and not the constitution of any country. Mohandas Gandhi was also an advocate of Ram Rajya. To make such a statement in such a context is absurd ! – Editor) We are told that the constitution ignores historical civil values; however, this raises the question: What exactly is history ? As I said, when creating the Constitution, we worked on a blank slate.

2. We will protect the Constitution !

When dealing with citizens, the Constitution grants them fundamental rights that the State cannot violate. However, the challenge to reject the Constitution is increasing. Many challenges are being posed to fundamental principles like ‘secularism’ in the Indian Constitution. The judiciary plays an exceptional role in preserving the sanctity and importance of the Constitution. If there is an attempt to sideline the Constitution in the country, we will face it. We will protect the Constitution. We are here for that. We know how to protect the Constitution, but the cowardice of giving hints in half-sentences without speaking clearly is typical of those afraid to speak up.

3. Has the judiciary successfully played its role ?

The judiciary should be the protector of citizens’ rights. However, it is time to question whether it has truly fulfilled that role successfully.

4. Judiciary is hesitant to declare personal laws unconstitutional !

Even after the Constitution came into effect, the judiciary is hesitant to declare personal laws that are still in place as unconstitutional. In the Saira Bano case (triple talaq), Justice Nariman was the only judge who had said that these laws were against the Constitution.

5. It is wrong for courts to advise reading Manusmriti !

A bench of the Gujarat High Court advised reading Manusmriti in a case concerning abortion. They also mentioned that earlier, girls would marry at the age of 14-15 and give birth before turning 17. In this regard, Jaising pointed out that Dr. Babasaheb Ambedkar had rejected Manusmriti in 1927, and the day he burned Manusmriti is still celebrated as Women’s Liberation Day. (Who will tell these so-called intellectuals that burning a book doesn’t erase its ideas ? – Editor)

6. Without Secularism, there is a threat of civil war in India !

Protecting secularism is not about ‘appeasing the Muslim community’. On the contrary, it is necessary for India’s unity and integrity. If India ceases to be secular, there is a threat of civil war and external invasions. Interpreting laws to accommodate multiple ideologies puts secularism in danger in a multi-religious country.

(Courtesy: Live Law)

Editorial Perspective

Change the Constitution is always possible. In 1975, Indira Gandhi declared an emergency and added the words ‘secular’ and ‘socialist’ to the Constitution. If she could do that, the same words can be removed from the Constitution through democratic means with a majority in Parliament (not through autocracy), and the word ‘Hindu Rashtra’ can be inserted as per the rights granted by the Constitution itself. Owing to this, it would be absurd to call Jaising a senior advocate and her statements as logical !

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