PM Modi at Chief Justice of India D Y Chandrachud’s residence in New Delhi for Ganesha Puja. (File Photo)
I write to you with deep anguish. I felt agitated when I opened The Indian Express and saw the photograph of Your Lordship celebrating Ganesh Chaturthi in your home with the Prime Minister. I could not believe what I was seeing.
Of course, you and your family are entitled to celebrate religious festivals like all Indians. Or is it all Indians, barring some? Those belonging to minority faiths, particularly Muslims and Christians, have been denied the pleasure of public celebration of festivals in recent years. The PM has remained silent as attacks on Eid prayers and Christmas mass occurred across India. Courts have failed to take suo motu cognisance of the open violation of the basic right of religious minorities to peacefully celebrate festivals and/or carry out routine worship. The visuals of an elderly bearded man being attacked on a train to Mumbai are fresh in my mind. I am jolted because I can’t believe that Your Lordship is yet another privileged citizen publicly celebrating Chaturthi with the PM in tow, unmindful of the state of affairs concerning the denial and violation of the rights of fellow citizens.
Members of the higher judiciary, especially the Chief Justice of the highest court, are not merely public figures. They are ideal citizens who ordinary Indians look up to for inspiration, guidance, and even norms of behaviour. I remember attending your outstanding lecture some years ago at my niece’s valedictory programme at a law university. The overflowing auditorium of students and guardians was spellbound as Your Lordship spoke so passionately about constitutional values and the unfettered right of each citizen to justice. Your Lordship emphasised that justice should be dispensed in a manner that the most vulnerable feel included. I went home reassured even as vigilante attacks on Muslims were ongoing. “No matter what, I am equal in India.” Receiving her gold medal from a beacon such as Your Lordship remained the high point of my niece’s life for a long time. I wonder what her reaction would be as she wakes up today, across the continents.
The noble principle of separation of powers between the executive and judiciary has long been blurred in our country. Sometimes, the judiciary has been disappointing in matters of utmost public interest. This is especially so when it comes to the protection of minorities. I leave it for the upright legal minds, thank God for them, to speak out on these aspects. My humble submission to Your Lordship is for sensitivity towards fellow Indians who are under onslaught on account of their faith.
It is difficult to be a Muslim in today’s India. The politics of religious hate and division is widespread. A Muslim can be lynched in the name of beef, arrested and incarcerated in the name of “love jihad”. Homes are bulldozed, with little or no notice and dubious justification. Anyone offering namaz quietly in a garden or a moving train can be attacked and arrested. Muslims can be “identified by their clothes”. They can be openly told to say “ Jai Shri Ram” after being beaten. All these complaints would be registered and at times, FIRs filed against the victims. Perpetrators who videotape these instances and boast on social media have gotten away scot-free.
I want to draw the special attention of Your Lordship to Ram Navami, Janmashtami, and Ganesh Chaturthi “celebrations” taking place in front of mosques or after entering Muslim mohallas. Men in saffron, playing loudspeakers with songs and abusive speeches is called a celebration of Hindu festivals in New India. For a moment, sir, imagine the fear experienced by those hiding inside their homes. Did none of this cross your mind as you celebrated Ganesh Chathurthi?
Like scores of Indians, I too get fearful when the Yati Narsinghanands or the Suresh Chavhankes and their ilk make open calls for violence against Muslims. It is bad enough that the PM and his government take no action to reassure the minority. Nor is there any action against the hate-mongers who are in clear violation of numerous laws. But I am not afraid of the Yatis and the Chavankes. They sully the name of my country but they do not get to define my country. Nor do they get to scare me into submission. My hope remains alive thanks to the humanity of scores of ordinary Indians with whom I interact daily. I think you are a leader amongst Indians. I feel terribly let down.
The writer is a founding member of Bharatiya Muslim Mahila Andolan
