The Supreme Court today made an important intervention in the worsening state of communal harmony and secular credentials of the system.
The division bench of justice Sanjay Kumar and justice Alok aradhe , made some important observations and ordered the constitution of an SIT to investigate the May 2023 Akola riots. The petitioner himself was a victim, who was brutally assaulted and was a minor.
He approached the court saying the police did not investigate his complaint. What is important here is that the court did not fall into the procedural maze and observed that the police needs to rise above their biases and ideology while they are in uniform.
What ever be the provocation or political pressure, law and order is the paramount responsibility for the police and displaying their biases during conflicts with extreme power disparity, destroys the legitimacy of the system, erodes the faith in the constitution. Without this faith, the system is just a tyranny.
The court went further and ordered the constitution of an SIT comprising of both Hindu and Muslim officers. This is an unprecedented step, where the court has taken cognizance of the unwavering faith of the petitioner in the constitutional order, even in face of state discrimination and fear of reprisals.
The court has also indicted the administration for its failure to demonstrate impartiality and was forced to constitute a bipartisan body to reassure the victims. Communal riots are power statements, usually targeting the minorities, and establishing a majoritarian dominance. They may also be used for ethnic cleansing to alter the demographics of an area.
The communal violence bill of 2013, tried to build a legal framework for preventing, providing relief to victims and punishing public servants for dereliction of duty in case of, communal violence. The bill fell in face of opposition by the BJP.
The watered down version presented by the MHA in 2024, creates ambiguities of definition and framework. In the absence of political will, to foster communal harmony, we have seen a normalization of hate crimes like lynchings and communal segregation.
The court also observed that hate propaganda cannot be tolerated, even in films and articles. Our entire mainstream media has turned into a hate propaganda, and today’s ruling fell short of calling it.
Secularism is the foundation of Indian nationhood. Without it both our history and geography would be repudiated. It has been under constant siege over the last decade and if the judiciary finally stands up to restore it, the courts would reclaim their legitimacy and do great service to the constitution.
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