By Mumtaz Alam, IndiaTomorrow.net,
New Delhi, 19 Jan 2015: “It must be understood that what is mentioned in the Preamble is the key to the Constitution. There is no way that the Preamble can be changed. When Preamble says India is a secular state, there is no Modi government or any government which can change the word secularism from the Constitution because that is the mandate of the people and people are supreme much more than anybody else,” said Justice (retd) Rajindar Sachar.
“When Babri Masjid tragedy took place the matter went to the Supreme Court. There were nine states which had been properly elected before. They were ordered to be dismissed…The Supreme Court by nine-judge judgment without a single dissent held that violation of secularism by any state government is not permitted to continue and exercised its power to dismiss the state governments though broadly they had been elected by millions of people. So the violation of the Constitutional Preamble of secularism will not permit state government to say I have got a majority,” said Justice Sachar while speaking at a seminar on Application of Equality Before Law in India, Constitutional Mandate and Present Trend here at the Indian Law Institute in New Delhi on 17th Jan. the program was organized by the Institute of Objective Studies (IOS).
Dr. Eqbal Hussain of Jamia Millia Islamia and Dr. Mohammad Manzoor Alam, chairman, IOS also spoke at the seminar while former Chief Justice of India Justice AM Ahmadi delivered presidential speech.
In his 30-minute speech, Justice Rajindar Sachar talked about Secularism and Indian Constitution, Equality of human being and Prophet Muhammad, and Vivekananda and Islam.
Secularism and Constitution
He said people should not be panicky about the new government as it has got just 31% vote share – the lowest ever by a central government.
“In reality, the present government (of BJP at the centre) has hardly got 31% – probably the lowest that any government has had now – 31% of the whole people. What have we been panicky about? What are we afraid of? 31% of people in favour, and 69% against. Please remember. People’s right and people’s strength is too great for any transit government here to tell us what my religion is, what ghar wapsi is, what shuddhi is and what kind of state and economy they wish to bring. We are the people who have to decide this.”
“What does secularism mean? First, there are a number of rights that are given to us by the Constitution – Article 14 talks about equality especially for the minorities, their religion is safe, they can have minority educational institutions. These all are rights which are especially given to the minorities and which are part of the basic structure. Secularism is such a part of the basic structure that if ever recollect,” he said.
Equality of human beings and Prophet Muhammad
“I have asked many of my Muslim friends: The Holy Prophet Muhammad said: Arab has no precedence over a non-Arab, a white over a black. I said it seemed obvious that he was an Arab and he has the greatest wit to say non-Arab has no precedence over Arab. Why did the Prophet say a white has no precedence over the black? Arabs are white. There was slavery which had been brought in Arab by them. Slaves were black. And the Holy Prophet was saying in the 6th century that whites have no supremacy over black – a fight which America fought in 18th century. This was the total sense of equality that prevailed in Islam in 6th century. We always talk about civil war in America, but it never succeeded, it succeeded partly, but the Prophet’s message was given in 6th century.”
Justice AM Ahmadi, Justice Rajindar Sachar and Dr Eqbal Hussain at IOS seminar at Indian Law Institute in Delhi.
Advaitism, Vivekananda and Islam
In the context of the saffron campaign against minorities and their religions in the name of Ghar Wapsi, Justice Sachar recalled Swami Vivekananda and his viewpoint about Islam.
“Swami Vivekananda – intellectuals of course believe him but even diehard Hindus will also not deny that he was the exponent of Hinduism. Hindus have so many gods so Advaitism in Hinduism says there is just one God one power. What did he (Swami Vivekananda say about Advaitism?”
In a letter to his friend Mohammed Sarfaraz Husain on 10th June 1898, Swami Vivekananda had written:
“Whether we call it Vedantism or any ism, the truth is that Advaitism is the last word of religion and thought and the only position from which one can look upon all religions and sects with love. I believe it is the religion of the future enlightened humanity. The Hindus may get the credit of arriving at it earlier than other races, they being an older race than either the Hebrew or the Arab; yet practical Advaitism, which looks upon and behaves to all mankind as one’s own soul, was never developed among the Hindus universally.”
“On the other hand, my experience is that if ever any religion approached to this equality in an appreciable manner, it is Islam and Islam alone.”
“Therefore I am firmly persuaded that without the help of practical Islam, theories of Vedantism, however fine and wonderful they may be, are entirely valueless to the vast mass of mankind. We want to lead mankind to the place where there is neither the Vedas, nor the Bible, nor the Koran; yet this has to be done by harmonising the Vedas, the Bible and the Koran. Mankind ought to be taught that religions are but the varied expressions of THE RELIGION, which is Oneness, so that each may choose that path that suits him best.”
“For our own motherland a junction of the two great systems, Hinduism and Islam — Vedanta brain and Islam body — is the only hope.”
“I see in my mind’s eye the future perfect India rising out of this chaos and strife, glorious and invincible, with Vedanta brain and Islam body.”
Justice Sachar also talked about equal rights for minorities in the country and supported targeted approach of the government for uplift of the minorities.
Minorities and Equal Rights
“Why are the minorities given certain rights and why are certain targeted activities for minorities?”
“The test of any civilized state is whether the minorities feel that they are getting equal treatment or not. Even UN has said in its Human Rights Council forum as earliest 2010: The rights of minorities to participate effectively in economic life must be fully taken into account by any government seeking to promote equality at every level…Governments can consider both targeted and inclusive approaches to addressing the economic and social exclusion of minorities.”
Justice Sachar said: “I am emphasizing the word targeted because what is said that when everybody is poor why are you giving scholarships not equally to all. The UN Human right forum is saying you have to target minorities to give them a feel that though you may be numerically a minority but in all respects you have not only certain equal rights but in certain ways because of your backwardness, higher rights targeted rights.”
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