By M J Akbar
4 October 2010
The judiciary is more important than any judgement. Every institution has to be larger than the sum of its members, and nowhere more so than the two pillars of any democracy, Parliament and the judiciary. We do not question the legitimacy of an enactment just because we disagree with an MP, or indeed because the behaviour of some MPs might have been unsavoury.
A substantial section of India did not agree with the passage of the nuclear bill in 2009; and evidence of bribery in the process was produced, in a fairly dramatic way, during the proceedings.
This did not mean rejection of the new legislation.
Lawyers and leaders of the Sunni Waqf Board and the Muslim Personal Law Board have repeatedly insisted that they would abide by the judgement of the courts. This was both reasonable and acceptable [reason and response have not necessarily been in harmony during the long years of contention over a mosque at Ayodhya].
When the Allahabad High Court’s judgement was deferred by the Supreme Court for about a week, there was perceptible irritation among Muslims, who wanted the verdict to be announced. It is possible that such enthusiasm for the verdict was fuelled by a conviction that it would go in favour of the mosque.
The lawyers and spokesmen of the pro-mosque movement displayed considerable confidence. Maybe they forgot that however strong a case may be, it still has to be argued before a bench, and complacency within the legal team can be a fatal flaw.
It was the BJP that was preparing for an adverse judgement. Its leader Lal Krishna Advani told his party repeatedly, before the verdict, that any remorse should be a private matter; and that violence was unacceptable. No disputant can deny the validity of the judicial process, or the credibility of the verdict, just because it has gone against you. That is counter-productive, and dangerous.
In any case, the Allahabad judgement is a semi-colon, not a full stop. The full stop will come when the Supreme Court takes a decision. Muslims will appeal, as they have every right to. It must also be stressed that in 1993 Parliament clearly prevented the courts from hearing any other dispute over a place of worship. Ayodhya is the last case of its kind.
The Congress, which has been in power during all four of the nodal points of the Babri-Ayodhya controversy — opening of British Raj locks and installation of idols in 1949, laying of the foundation stone for a temple in 1989, destruction of Babri in 1992 and the verdict in 2010 — is in search of an “amicable” settlement. The game is old and evident. Congress policy on the dispute has rotated around one axis: how to get the temple built without losing the Muslim vote. The BJP has no Muslim vote to lose, but it will support such an under-the-surface endeavour since it obviously wants a temple to be constructed as soon as possible.
If Ayodhya is the last case of its kind perhaps we should let it complete the legal process as well. We have waited for six decades; why not wait for two or three years more? Any “amicable” settlement is unlikely to be amicable enough for everyone, to begin with and could degenerate into a “political” compromise that could strain community relations rather than heal them. If we trust our institutions then we must trust them fully. Pseudo-politicians in religious garb seem to be able to resist everything except temptation, to paraphrase Oscar Wilde. Unsurprisingly, therefore, one or two professional fire-breathers among Muslims have reinforced their reputation for irresponsibility by indulging in provocative rhetoric from the pulpit.
They have not learnt from the experience of a quarter century what the price of provocation is, for they never suffer. The price is paid by the poor and the defenceless, who live in crowded lanes, defenceless on one side and hostile on the other.
There is however some good news. Those who think they can still milk hysteria are blind to an extraordinary change that has come about in India. The people, Hindu or Muslim, have risen above the negative politics of communal conflict; they want the positive politics of development.
Faith and worship still matter to Indians; and it is a very limited, elitist, Delhi notion that the young have moved beyond religion. They have not. But they have moved beyond violence as a means to their horizon.
The impoverished have understood a simple, important, over-riding reality: poverty is not communal. There is no shortage of places for prayer in our country. There is, however, a shortage of self-respect, since every hungry stomach in our country is a sharp slap on the face of the idea of India. 2010 is a hundred years away from 1992.
M J Akbar is editor of The Sunday Guardian, published from Delhi, India on Sunday, published from London and Editorial Director, India Today and Headlines Today
Source: Khaleej Times