NHRC should stop being show-piece and get rule-of-law restored by SCI through Ayodhya dispute: By Hem Raj Jain
06 Jun 2015
Indian media is reporting that during this week ruling party BJP leaders (Members of Parliament etc) and editorial in the mouthpiece ‘Saamna’ of another Hindutva party Shiv-Sena (Ally of BJP) have started reminding BJP about construction of Ram Temple (as promised in 2014 Lok Sabha election manifesto of BJP). These Temple protagonists are not convinced by the excuse of BJP (especially government) that it does not have majority in Rajya Sabha for the simple reason these protagonists give that if ‘Land Acquisition Bill’ can be expected to be passed (despite Rajya Sabha) by even going for joint session of Parliament then there is no reason why it can not be done for making law (in order to bypass judiciary) about constructing Ram Temple at disputed site.
Everybody knows that in politics what matters is who brings voters to polling booth. The BJP is different from all other parties in India in the sense that it is not mainly the party cadre of BJP but ‘Sangh-Parivar’ (RSS, VHP, Bajarangdal etc) who brings voters for BJP at polling booth. Sangh-Parivar is already smarting under the crushing defeat of BJP in not only Delhi Assembly but also in Muslim majority Kashmir in J&K (despite PM Modi went over there 6 times in 7 months before election and BJP expected Kashmiris to vote for BJP in view of flood relief which Modi government could provide them generously from centre through Jan-Dhan-Yojana etc.). Hence defeat in Kashmir (and not in Hindu Jammu) prove that Indian Muslims still do not trust Modi. Therefore Sangh-Parivar is further worried that in coming many Assembly elections (starting from Bihar in 2015) before Lok Sabha elections 2019 if Sangh Parivar does not discharge its duty to bring voters at polling booth for BJP then not only BJP but even existence and importance of Sangh-Parivar will be in serious danger.
Sangh-Parivar in Hindu majority India mainly mobilizes voters on Hindutva, which gained ascendancy since late eighties due to Ayodhya dispute ( which triggered riots since 1989, then Babri Mosque was demolished in 1992 which further triggered riots up-to 2002 Gujarat massacre in which thousands of mostly innocent Muslims were killed). Hence Sangh-Parivar (and its representatives in BJP party including in Parliament) knows that now it will be very difficult for them to mobilize voters on the basis of Hindutva, if Ram Temple is not constructed at site where once Babri Mosque existed.
Nobody knows better than PM Modi that notwithstanding hype about development agenda and promise to bring huge amount of black-money from foreign countries (which of-course brought some votes for BJP) Modi has been voted to power by Hindu majority India to a great extent because he is considered Hindu Hardliner (without any need for him to wear it on his sleeves because he already has this certificate from 2002 Gujarat). That is the reason Modi is helpless (rather unwilling) in reigning so-called communal elements (rather original & most valuable for electoral purpose elements) of BJP (Including MPs and Ministers) who periodically issue provocative statements (like love-Jihad, ghar-wapsi, haramjade etc).
In a nutshell construction of Ram Temple is a matter of life and death for Sangh-Parivar and for BJP too and what bloodshed this construction will engender in India is any body’s guess. This unfortunate situation wouldn’t have developed had Supreme Court of India (SCI) restored the status-quo-ante of Babri Masjid (which SCI is still under legal obligation to restore in order to protect the authority of SCI, because Bari Masjid was demolished in presence of SCI Observer on December 6, 1992). And worst, the SCI condoned the passing of judgement by UP High Court in 2010 on Ayodhya dispute case (its appeal is now in SCI) without ensuring that first status-quo-ante of Babri Masjid is restored before any court proceeds in any suit / appeal related to this Ayodhya dispute.
But what is worst, even NHRC did not intervene under section 12 (b) of Protection of Human Rights Act in these courts (Subordinate Court and High Court in U.P. and in SCI) to point out that before proceeding in any suit or in appeals first restoration of status-quo-ante of Babri Masjid is legally necessary. Because status-quo-ante of Babri Masjid was not restored by SCI the Hindu communal forces got emboldened and carried out 2002 Gujarat massacre and still continue to harass Muslims and other minorities across India (latest in BJP ruled State of Haryana where many Muslim families from Atali village are living in police station of Ballabhgarh).
From the functioning of NHRC and SHRCs it is evident that this dereliction on the part of NHRC is due to the reason that it has become an extension of SCI or rather an agent of SCI and in the process has made State Human Rights Commissions as an extension rather agents of High Courts . The NHRC has been able to do this dereliction for the simple reason that optional protocol OP-1 of ICCPR has not been converted into mandatory protocol MP-1 of ICCPR at United Nations with the result India has been able to skip the responsibilities about human rights and in the process NHRC has been rendered as a decorative show-piece whose functionaries are simply a financial burden on the taxpayers of India.
Presently the promoters (practically the owners) of UN (the five permanent members USA, Russia, UK, France, China and nowadays one more Germany since Iran nuclear talks) themselves are behaving irresponsibly where they are more a problem than the solution about human rights. This is evident from the behavior of P 4+1 in Ukraine where a democratic country has been made to bleed unnecessarily and lend in political crises. About China (without liberal democracy) less said the better which has dispute with almost every near and distant neighbor.
Let India / NHRC should be under no delusion that UN member countries are sovereign in the sense that UN cannot intervene in their so-called internal matters. The NHRC should know that this system of Human Right Commissions all over the world along with ICCPR has been developed to ensure implementation of human rights in member countries of UN especially when States of erring countries (including its judiciary including apex / Supreme Courts and Parliament) fail to provide human rights to their citizens.
The day these P 5+1 countries become responsible towards human rights all over the world (which is bleeding and weeping profusely especially in Muslim countries of NAME and even in AF-PAK region) and the day UNSC becomes representative with voting power as per formula based on contribution (of money and civilian & martial manpower & arms-equipments) and the day OP-1 is replaced with MP-1 of ICCPR and the day UN develops a mechanism for providing military / paramilitary / police assistance to various Human Right Commission of the member countries through UNHRC (and not merely UNPKF through UNSC) - the NHRC of India will be constrained (under military pressure of UN) to discharge its legally expected duties and will not remain merely a decorative show-piece who’s functionaries are presently earning their bread and butter without doing anything worth the name.,
If the functionaries of NHRC have decided that till UN girds itself up (as mentioned above), there is no harm in remaining a decorative show-piece - then it is O.K. But if professional integrity is left in the functionaries of NHRC then it should immediately intervene in SCI in all the cases related to Ayodhya dispute and should pray for stay of all the cases in all the courts and for immediate restoration of status-quo-ante of Babri Masjid (otherwise SCI will be guilty of Criminal Contempt under section 2 ( C) (i) of The Contempt of Court Act). After this restoration of Babri Masjid by SCI, Hindus can contest the suit and appeals and if they win in these court cases then let them construct Ram Temple at disputed site.
Before demolition of Babri Masjid things were different but after its high handed demolition (in presence of SCI Observer) with complicity of constitutional authorities (and its gory fall-out where Muslims, as religious minority, are scared to even demand justice from courts), any talk of consensual construction of Ram Temple is also not permissible in law. And due to further dereliction of NHRC if India succeeds in the construction of Ram Temple without first restoring the status-quo-ante of Babri Masjid by SCI, then Hindu majority India should make no mistake that it will be THE END of India-story.