The Hindu : Gujarat and Parliament

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Wednesday, Apr 24, 2002

Opinion

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Gujarat and Parliament

By K. Parasaran

Speech should not be gagged because heads have to hang in shame. Parliament should function by healthy debate.

TWO CALAMITIES have occurred in Gujarat, one natural, which the believers may call God-made, and the other man-made. The first calamity buried those belonging to a section which believes in being cremated and not buried after death, while the second cremated a section which believes in being buried after death. However, neither religion said "bury alive or burn alive". Let the fundamentalists realise that there can be no greater shame to humanity.

Speech should not be gagged because heads have to hang in shame. Parliament should function by healthy debate. It makes law because it is one limb of the sovereign power. The Supreme Court interprets law and in the process also makes law because it is another limb of the sovereign power. One speaks through debate and then takes a decision in Parliament; the other speaks through debate during the hearing of the cases followed by judgments. What comes out of the debates is the law. The basic postulate is that law must command respect not by the reason of its power but by the power of its reason.

That is why the Lord said that only in that hall where the debate on Adytama Vidya is of the highest order, He manifests and even there He manifests only in that argument/reason which is the best.

The preamble to the Constitution provides for "liberty of thought and expression" and not merely thought. For those Hindus who preach pseudo-Hinduism, the Mahabharata gives the answer. Bhishma, Drona and those in the assembly did not speak and advice properly before the heinous atrocity was attempted to be perpetrated on a noble woman. Their action was condemned as having merely "gazed" without speaking. They did not speak because they were afraid of "Duryodhana" (a metaphor suggesting a person who is unethical). Most of the dignitaries who believed in God and worshipped Him were deserted by Him as they were part of the assembly which sought to insult a noble woman. That incident threw the seeds of war, which was fought after 13 years. God, in order to protect the righteous, destroyed the non-virtuous who had witnessed the evil deed without uttering a word in the assembly.

The name of the father of the nation, is "Gandhi". His name and those of the State of Gujarat and city of Godhra have "G" as the first letter. The word God also starts with "G". If the ethos and philosophy of religion are perverted, the word "God" itself will get perverted and instead become reversed as "dog". A dog exemplifies the quality of faith even though it is an animal. We should at least try to emulate the virtue of that animal. It is only the disease of rabies that may make it bite its own master. The preamble to the Constitution mentions "liberty of thought, expression, belief, faith and worship". Everyone should enjoy the liberty of practising his own faith. The disease of rabies is the disease of intolerance due to fundamentalism which may bleed the nation.

"Our leaders in addition to their great patriotism and wisdom had another dimension to their great vision. They brought a spiritual dimension to a political task. In the entire debate of the Constitutional Assembly there is no touch of bitterness or rancour against the British or the grim events of politics."

The debates manifest as secularism pregnant with something spiritual. Religion is also pregnant with something spiritual. Spiritual secularism is, inter alia, justice — social, economic and political — liberty of thought, expression, belief, faith and worship. The Preamble speaks of fraternity. The Fundamental Duties speak of "brotherhood amongst all the people of India, transcending religious, linguistic regional and/or sectional diversity."

Rules 184, 186 and/or 193 or any rule of the House should receive an interpretation which advances the public interest. To interpret the rules, wrong questions should not be posed as wrong questions beget wrong answers. Pose the right question and get the right answer. The question, "can I smoke when I pray?" will result in the negative answer, "you can't smoke". However, the question "can I pray when I smoke" will get an affirmative answer. Neither form should be used according to one's predilection to get the answer he wants. The question should lead to an answer which projects "fraternity and brotherhood" followed by steps to restore that brotherhood.

One of the most ugly and shameful incidents in the history of this country, which occurred on December 6, 1992 will remain an indelible scar for posterity. It has now become a matter of frequent occurrence that the executive limb of the sovereign power of the state, both at the Union level and at the level of the States, is abdicating its duty to govern and is conveniently passing on the responsibility in the most difficult and delicate situations to the courts.

As has frequently happened in the past, the Supreme Court has admirably risen to the occasion manifesting that the shoulders of the judges are broad enough to take upon themselves a very onerous responsibility. The Supreme Court has injuncted religious activities of any kind and referred the matter to a larger bench in a particular context. However, the Court will also not be able to come to the rescue of the nation if those who have a duty to govern it, fail always and not seldom.

Let those who have faith and pursue different religions understand the Gita and/or the Quran. The Supreme Court in a secular context quoted and followed the Bhagawad Gita.

That text from the Gita says "even those who profess other religions and worship their Gods in the manner prescribed by their religion, ultimately worship me and reach me." "Me" here signifies Krishna or Allah and not Krishna is Allah or vice versa.

The Quran says: Say. O Ye!/That reject faith!/I worship not that;/which ye worship/Nor will ye worship,/That which I worship./And I will not worship;/That which he have been/want to worship/

Nor will ye worship/That which I worship./To you be your way;/ And to me mine.

Prema (universal love) and Tyaga (sacrifice for the sake of well being of the community) should be the two eyes through which we should see. The eyes may be two but the vision is one and that alone will ensure happiness and peace. The hands may be two, one representing the religion of the majority and the other representing the religion of the minority, but when the two hands are joined it would make an Anjali (greeting). This is Namaskar (Namas kar for one and Namas kar for another). Such Anjali alone will please God be it God worshipped by the majority or be it God worshipped by the minority.

The country will stand blessed in peace and brotherhood in that unity. This is the faith which the nation needs at this hour.

(The writer is a senior advocate of the Supreme Court.)

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