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PUCL Bulletin, June 2002 Gujarat
and the Rule of Law
Nonetheless, it was
a significant step that such a committee had been appointed. A good deal
of the initiative to appoint such a committee was taken by L.K. Advani,
the present Union Home Minister. He, however, seems to have forgotten
the role he played in the appointment of the 1984 Inquiry Committee. Currently
what is happening in Gujarat is another landmark in the misuse of State
powers and the blatant defiance of the rule of law. In a sense it marks
yet another stage in the relentless erosion of the rule of law that has
gone on during the last five decades and more. That the situation
was already moving in this direction even before 1984 should be evident
from one simple thing. The Police Commission reporting in 1981 made a
concrete recommendation which proposed that the Director-General of Police
in a State should be appointed not by the Home Minister or the Chief Minister
but through a specified, politically neutral mechanism. What is more,
the tenure in each case should be fixed in advance and it would not be
open to anyone to cut short an officer's tenure in each case except for
a valid reason. That the said recommendation was not implemented speaks
for itself. The Gujarat events have put the problem of how the rule is
to be ensured on the agenda again. More precisely, what is happening in Gujarat is that the State administration has adopted a dual attitude. One is to ensure that the police are told discreetly when to act and when not to. In those cases where some police officers on their own chose to act in accordance with the law of the land, they have been transferred. In such a situation the centre could have acted. But then the centre will not act against those States which are politically aligned to it, more particularly when out of the lot, only two States belongs to the BJP persuasion. Underlying everything is the related fact, which is both a cause and a consequence of what is happening. The present NDA Government will not fold up before its time mainly for the reason that every elected MP wants to complete his tenure and earn his pension. This may be putting
it crudely but, given the situation, one does not know how else to put
it. Those outside the BJP who are supporting the NDA government will thus
continue to extend their support for this overriding reason, however unpalatable
it might be for them. The BJP came to power by picking up the Ramajanmabhoomi
issue as its main slogan. The issue had been raised decades earlier but
the party had ignored it altogether. Though the BJP (as the Jansangh)
was established in the 1950s, it could not make much headway for the next
three decades. Things however changed with the Congress' return to power
in 1980. It was then that the Congress decided to the play the communal
card. Till then, it had more or less followed the Nehruvian line of approach
and refrained playing with communal fire. The defeat of the Congress in
late 1982 in Andhra Pradesh as well as Karnataka changed everything. The
first two elections to be fought under the Congress' new strategy were
in 1983 in Delhi and Jammu and Kashmir. The target was the next general
elections which took place after the murder of Indira Gandhi and gave
a landslide victory to Rajiv Gandhi. He, however, did not learn the lesson
and he it was who got the Ayodhya gates unlocked. The rest is history.
Since then the congress has been at the losing end and the BJP has been
on the ascendant. Second, that phase
of politics seems to be drawing to a close. What is happening in Gujarat
is a sad commentary on seeking to reverse the political trends by resorting
to naked communalism. In the bargain, the polity is being hurt irreparably.
The most urgent task today is to find a way of reinstating the rule of
law. Can some institutional
mechanism be devised to fulfil this objective? May be after the indictment
by the Human Rights Commission, there will be a further indictment by
the Supreme Court. Something will have to be done to ensure that our law
and order machinery respects the procedures as laid down. Developments
during the last few years have shown conclusively that the country is
not willing to get communalised in the manner and to the extent that the
BJP wishes to ensure. To put it bluntly no solution of the Ayodhya problem
will endure unless the interests of all communities are taken care of.
The various solutions which have been touted do not take this dimension
of the problem into account. The plain truth is that this country will
never have peace if the Muslim community is humiliated or the Hindu community
does not receive its due. Both the objectives can be ensured only when
the process of politicising religion which started more then two decades
ago is ended. Every problem has to be solved with the country's interest
in mind and not that of only a section of the people
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