Sanghis bringing bure din for Bharat Mata with bogus anti-national charges

The term anti-national has become widespread, in several languages. But as former solicitor general Indira Jaising has pointed out in an open letter to the judiciary, this term is a post-Constitution construct.

The Preamble of the Constitution states: "We, the People of India, having solemnly resolved to constitute India into a Sovereign Socialist Secular Democratic Republic and to secure to all its citizens: Justice, social, economic and political; Liberty of thought, expression, belief, faith and worship; Equality of status and of opportunity; and to promote among them all Fraternity assuring the dignity of the individual and the unity and integrity of the Nation."

There are references to "follow the noble ideals which inspired our national struggle for freedom." 51A. Fundamental Duties (b). (j) "to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement."

So no references to the widely used term anti-national in both the Preamble or the Fundamental Duties, both of which the Supreme Court has ruled are part of "the basic structure" of the Constitution and cannot be amended. Nor is the term "country" used even as much as nation and national.

Why not?

Obviously to be more precise in the use of terms which all Constitutions should be. So the term “anti-national” has been widely used, with little basis in the Constitution. This term is widely and freely used not looking into its background and basis.

A recent debate has sparked off on the national slogan. The BJP has insisted that "Bharat Mata Ki Jai" be mandatory. This became an issue in the Maharashtra Assembly. Though an MIM MLA shouted the well-known slogan, "Jai Hind," that was not accepted even by the shouting Congress and the BJP MLAs.

In the Rajya Sabha, a retiring secular MP thrice shouted the slogan, "Bharat Mata Ki Jai," virtually rejecting the alternative, "Jai Hind."

What has happened to the Congress? Are they trying to outdo the Sangh on their own turf, with elections coming? This has never worked for them before, so why go headlong into disaster now?

Unlike this furore, the Fundamental Duties only refer to "the National Flag and the National Anthem." 51A, (a). 

There is no reference to a "National Slogan".

So where has this (God given right) come from? “Jai Hind” is a secular slogan. It was the slogan also of Netaji's Indian National Army, which fought the British. Is there anyone ignorant enough to reject this slogan? The Sangh is always prepared to foist any slogan any time. But they wouldn't know better, not having been part of the freedom struggle.

But this construct of anti-nationalism has a long reach. JNU has been for long a target of the Sangh. An instance of slogan shouting on February 9, including on the death of Afzal Guru, was used through pressure by a BJP MP to lodge a case of sedition. Three outstanding students of PhD — Kanhaiya Kumar (president, JNU Students Union), Umar Khalid and Anirban Bhattacharya — were jailed for weeks. The last two were released just last evening. The judiciary found no merit in the “sedition” charge.

Before that Zee News aired, according to other channels and a Delhi government magisterial inquiry, footages of at least two of the videos were doctored. The Delhi Police has yet to get forensic evidence.

In any case, all observers know that Afzal Guru's death caused grief in Kashmir for two reasons: firstly his death sentence which was contested as he had earlier helped the police. Secondly, his body was not returned to Kashmir, by an adamant Union government.

In any case, in the Kedarnath Singh vs Union of India, SC, 1962 the Supreme Court held that slogan shouting is not a sedition offence, unless it incited violence against government or the Constitution. The more recent judgement of Faizanuddin and Anand, JJ, SC, 1995 also upheld this pointing out that the slogan, "Khalistan Zindabad" was not seditious. 

So this witch-hunt from FTII to HCU and Rohit Vemula, to the Maharashtra Assembly, to JNU is based on neither Constitutional principles nor settled law. These charges of anti-nationalism are themselves anti-national because they are ultra vires of the Constitution, and the tenor and struggles of the freedom movement.

But there is no doubt that this Sangh assault will continue and sharpen. Elections are coming and the Sangh must do better. A cocktail of communalism and hypernationalism is potent stuff. But the Sangh may find they have once again chosen the wrong university.