Judge in the Bedroom

 

In his judgement on Section 497 in 2018 Justice Chandrachud spoke on the autonomy on women’s sexuality which is currently based on treatment of women as chattel. He said that it perpetuates the subordinate status of women, denies dignity, sexual autonomy and is based on gender stereotypes. His recent comment that married women can make her own choice and she is not consented to refrain from sexual relations outside marriage and that husband is not the owner of her sexuality did evoke a lot of criticism from majority of conservatives.

As a society when we evolve, breaking of stereotypes is bound to create ripples in society and in the context of the above statement by Justice Chandrachud he in fact has created a debate. Marriage as a traditional instrument was more than the sexual freedom but on the need for responsible childbearing and rearing. Religion and society hence gave primacy to monogamy and ensured that sexual attraction between genders outside of marriage is a taboo. Adultery is viewed even today as the most inglorious activity. Even in the sexually free society like in the US, we are aware of the Monica Lewinsky controversy which affected then then president of the US

While this remains so it is pertinent to investigate the gender stereotype associated with the chastity theory propounded by cultures everywhere. In traditional and ancient Indian literature, a Pativtra like Sita is a goddess while Draupadi is not so. Recollect the mythical story of Bhargava Rama in the bhagavatum follows the orders of his father Jamadagni and kills his mother Renuka who was late fetching waters from the river for having seen and desired a charming gandharva. Many such stories of married men taking on the sexual right of their women is depicted in various stories among all religions. The strenuous conditions imposed by Abrahamic religions especially Islam on women’s sexuality is much worse than any contemporary cultures and religions. Even in the Victorian ages masculinity was synonymous with sexual control of women. It was having seen the weak control that men in Bengal have over their women folk that they often referred the Indian male as effeminate

In a politically right leaning contemporary society when a judge makes such an observation it is bound to create the ripples that we often see in the public space. In the context of this statement if the same freedom is applicable gender neutral and to all religions and culture then I would regard it as progressive. However, in a country currently without a uniform civil code, if this is applicable only within the Hindu Marriage Act but not impactful to the civil and religious laws of other religions then I have an issue. Till now it remains as only an observation or comment by the judge but hence we need not do a detailed pondering into statement.

However, the statement is significant to do an analysis of gender mismatch in sexual preference within marriage. Friedrich Engels in his ‘’ Origin of the Family, Private property, and the State ‘’ mentions that matriliny and consanguinity ran amok in ancient societies which eventually ‘’ narrowed the circle’’ where marriage becomes a ‘’molecular pair whose dissolution itself ceases’’. Human sexuality and its naturality was undermined in the process.

Impact of Brahmanical and Victorian patriarchy was one of the main reasons for traditional Indian matrilineal systems which gave a higher freedom for women , giving away of women’s control over sexuality in marriage . Abolition of the sambandham among the Nairs and their strenuous efforts, in the beginning of the 20^th century, to adopt the Malabar marriage Act was perpetuated  due to  ‘’  being a father less child’’ in British India. The intelligent Nair’s ‘’social inadequacy ‘’ was a serious impediment while competing with Brahmins to the lucrative colonial bureaucratic and legal positions.

Controlled sexuality in patriarchy was further implemented as per Engels ‘’as men won wars and acquired private property’’ while women hitherto bread winners becoming child bearers in the changed power hierarchy and again female sexuality takes the hit. As social psychologists points out domestic violence and intrigues is much linked to the physical disharmony among the couples in marriage unable to escape this imposed bondage in marriage.

While patriarchy takes its animistic lineage from the kingdom of lions where the dominant male takes control of its lioness who in fact bear the cub and feeds it. But it also needs to be noted by the patriarch that when a new lion steps in the old one retreats. that’s the rule of the jungle. Well, that is too crude to portray but a successful marriage and monogamy should rest on mutual love trust and respect but not on imposed sexual ownership be it a male or female

These matters   still remaining contentious but the judge’s statement has opened a pandora’s box of arguments for and against the issue and will pave way to fresh thinking. However, for many effeminate men in our society Justice Chandrachud has created a nightmare in their bedrooms.

 

 

 

Kerala's Sheshan

 

As we are surpassing the 75^th year of our independence, there are discussions on sanctity and working freedom of constitutional authorities . While corrupt politicians are now being chased by the Enforcement directorate and CBI, a section of the media has alleged that Institutions are politically managed. However it is also a fact that constitutional institutions have consistently shown us through effective leadership, that authority of those Institutions can be well exercised in delivering effective justice to the public.

Take in the case of the election commission. When the late TN Sheshan took over as the Election commissioner in the mid-nineties, brazing all political pressures he ensured that the  code of conduct of elections are enforced, resulting in free and fair election. It can be recalled that the political establishment then, finding the powers of the election commissioner was  beyond their control,  trifurcated the institution as we see it today. However the legacy set henceforth by the late TN Sheshan  still continues with each subsequent election commissioners strictly following the rule book even while disgruntled politicians, when they lose an election, murmurs about fake voting machines .

The second instance of effective leadership of uploading constitutional authority was during the coal scam which was reported by the office of the then Comptroller and Auditor General impact from which the then ruling party is still struggling .While all these development took place in the domain of central administration, little is being reported by the mainstream media of a similar exercise of enforcement of Institutional authority against political nepotism happening in the case of Kerala. Governor Dr Arif Mohammed Khans strict tirade against the politically backed nepotism of appointment of Academicians in State Universities is the case in point.

One of the reasons for higher education in India being in shambles is the excessive politicization   of its governing senate which is the key decision body involved in selection of academicians and giving contracts. In most cases in the States, the senators are camouflaged academicians with political colors or loyalty , giving  the political parties concerned   direct influence in decision making  .  Selection to academic positions is mostly met not by merit but by political consideration. Cases of giving lakhs of rupees for posting have been reported in many places. The recent teachers recruitment scam in West Bengal is an example.

In the case of Kerala, the governor being the chancellor of the Universities refrained from blindly signing the senate recommendations. In the current case the wife of an officer of the State CM is alleged to have been recommended, which the governor has objected to. In order to circumvent this  objection, the State Government made efforts in bringing an ordinance, to curtail powers of the Governor. When the governor did not approve of the ordinance , it is now contemplated that a bill may be brought in this regard to curtail his powers

While this political imbroglio goes on what need to be noted is on the relevance of the role of a governor in a federal set up. Position of the governor have often been criticised as a gubernatorial position and in this case, Governor of Kerala has aptly demonstrated that constitutional authority and morals can be enforced and institutions protected. By doing so the name of Dr Arif Muhammed Khan goes into the lore of those leaders who held India high in spirit

History of Rightwing movement in India

 

Ancient period:

The term Hindu was an abbreviated form for reference of people living beyond the Sindhu River named by contemporary communities especially that of the Arabs and Persians who had trade relations with them. The term did not then signify any monolithic religion but was a general reference name for identity of region and people. The religious beliefs of people during those times were related  to various sects  and philosophies  but was either related to the vedas (vaidikam) like Brahmanism, Vaishnavism , Shaktism and non vaidic (avaidikam) like Ajivikas, Charvakam,Budhism and Jainism . Shaivism had much variants which were either in the vaidikam or  avaidikam tradition but later forms part of the larger vaidika dharma . However there seems to exist a rudimentary form of socio-cultural identity structured under a caste system which could be inferred from the term ‘’ Mlechas’’ which were referred to immigrants into the landmass who did not assimilate into the common culture of the region.

Medieval period:

Prior to the Islamic Invasion of India in the 7^th Century by Arabs and in the 12^th Century by Turks, a political Hindu Identity was absent. A identify formed from the differentiation of idolators and iconoclasts emerged since then mainly from the political fallout from the conflicts of Islamic Sultanates and Kingdoms in India from the 12^th Century onwards with the Hindu Kings. The resistance of Rajput Kings Like Pritviraj Chouhan and Rana Sangha and Marathas under Chatrapati Shivaji testifies a religious angle to the conflict much reflected by Idolatry, iconoclasm and  religious taxes

The religious angle to conflict against Islamic forces can be best cited to the emergence of Vijayanagaram Kingdom in the Deccan. The traditional account referred in Nilakanta Shastri’s History of South India is that of the capture and conversion into Islam of the local chief tons Harihara -1 and Bukka by the Delhi Sultan in the 13^th century and their escape and reconversion into Hinduism done and establishing a mighty empire which spread all over south India. The medieval period of Hindu Consciousness can also be connected to the bhakti movements which evolved in the South and later spread to the North of India. However, during this period a consolidated Hindu political Identity was absent in the sub-continent.

Modern Period:      

While it can be mentioned that the first war of Independence of India of 1857 was triggered primarily by religious offences faced by both Hindus and Muslims from British Officers, the rebellion was conspicuous of a collective Hindu -Muslim onslaught on the British empire. This necessitated a narrative of division and creation of a  Hindu-Muslim dyad  as part of policy by the British Administration . This strategy eventually resulted in division of Bengal on religious lines in 1905 and the communal constituencies created through the Minto Morley reforms in 1906. The British policy of divide and rule had a strong bearing on emergence of religious identity formation and nationalistic aspiration both among Hindu as well as Muslims.

The Hindu identity politics initially emerged as a resentment to the passive Hindu aristocratic affiliation of the moderate congress to the British empire. This was led by Balagangadhara Tilak who looked into Hindu and maratha  traditions as sources for nationalistic aspirations. The prevalent religious reforms movements especially the formation of the Arya Samaj did create an impetus to Hindu nationalist aspirations .  However the formation of the Punjab Hindu Mahasabha in 1909 through Lal Chand and UN Mukherji ,focussed on creating a Hindu centric political movement  was mainly guided against the conciliatory politics of the congress which eventually resulted in the formation of the All India Hindu Maha Sabha in April 1915 during the Haridwar Kubhmela and  was ironically facilitated by Mahatma Gandhi himself.

The emergence of Vinayak Damodar Savarkar who started the Abhinav bharat society (young India movement) in 1904 and that of Aurobindo Ghosh who joined Bengal National congress and his association with anushasan samiti till 1910 was focussed on a revolutionary approach to the freedom movement. Both their political leaning was inspired by a collective Hindu Identity. Influenced by their writing and political thinking,  Kesav Baliram Hedgewar started an organisation called Rashtriya Syamsewak Sangh in 1925 on a Vijayadashami day along with  his similar ideologues prominent among them being Guruji Gowalkar for ‘cultural and spiritual regeneration of Hinduism’. The organisation did not actively associate with the freedom movement and instead focussed on activities which imbibed a strong Hindu consciousness among the youth. His activities were followed by Guruji Gowalkar who succeeded him in 1940  and under whom the a political Hindu consciousness movement started developing a political ideology as referred through his book ‘’ We or Our nationhood defined’’ . Govalkar spoke of cultural nationalism and a Hindu Rashtra incorporating the ancient Hindu civilisational cradle as Akhand Bharat.

The pre independent modern period had do academic and educational development which has propelled the development of Hindu consciousness. In 1938 a educationalist turned politician Kanhaiyalal Maneklal Munshi started the Bharatiya Vidya Bhavan a series of educational establishment to promote Indian culture based education. Prior to that Swamy Vivekananda founded the Rama krishna Mission and spread the values of Hindu religion through his famous speech in the parliament of world religions held in Chicago in 1893. Vivekananda remained a cultural icon to the Hindu nationalists and his work significantly contributed to the concept of cultural nationalism in India. Additionally the works done by British Indologists like William Jones, Henry Thomas and among Indians notably being R G Bhandarkar in addition to the Archaeologists and Historians of the period have created a consciousness of a prideful past of the nation. The works of Alexander cunningham who found the Archaeological Survey of India, John Marshel credited with the discovery of the Indus civilisation, Motimer wheeler and James Princip among other. This was followed by many woks on archaeology mainly led by Hasmukh Dhirajlal Sankhalia , Dayaram Sahni etc which re interacted the intelligentsia about a strong linkage to India’s cultural continuity.

Post Independent Period:

The independence of India which was followed by the division of the nation, the communal backlash and notably the assassination of Mahatma Gandhi, by Nathuram Godse ,  a Hindu Maha Sabha activist submerged the Hindutva movement . However, the Fabián socialist and secular principles of the new congress led government was opposed by a new leader , a critic of Nehru , a member of his first cabinet and a dropout from the Hindu Mahasabha, namely Shyam prasad Mukherji . In 1951 with the support of the RSS, Mukerji started the Bharatiya Janasangh as a Hindu nationalist alternative to the Indian national congress . This was also followed by R Rajagopalachari disguised by left socialist leaning of the congress formed a party called Swatantra Party in 1959. Both these parties  formed the initial right wing alternative to the congress party under Jawarlal Nehru with the former on Hindutva ideology and the latter with an anti-socialist ideology .

The Bhartiya Jan Sangh could win only 3 seats in the 1952 Lok Sabha elections and remained in the fringes of Indian political till 1967 , heavily dominated by the Indian National congress and also due to the sudden death of Shyama prasad Mukherji in 1953 under suspicious circumstances .  Deendayal Upadhyaya re defined the Jan Sangh ideology under a principle of Integral Humanism which he propounded against western individualism and Marxian socialism, which later echoed as Swadeshi Sagran Manch and most lately as Make in India and Atmanirbhar Bharat. The principle takes cues from Gandhian ideologies of Swadishi, Sarvodaya and Gram swaraj and under his leadership JanSangh got 35 seats in the lok sabha elections held in 1967. After his untimely death in 1968, Atal Bihari Vajpayee become the President of Jan Sangh till 1972 which was followed by LK Advani till 1977. The Jansangh’s association with Janata Party resulted in its participation in the Morarji Desai cabinet from 1977 to 1979. However the issue of being a political party member and a member of RSS jointly was opposed by the Janata Party in 1980 after its poor performance in the national elections . this led to Bharatiya Jan Sangh breaking away from Janata Party and forming the Bharatiya Janata Party in 1980 under the president ship of Atal Bihari Vajpayee.

In 1984, the moderate Vajpayee was succeeded by LK Advani a hardliner who vehemently criticised the practice of secularism in India naming it as Pseudo secularism. According to LK Advani, the practice of secularism in India was for minority appeasement. The immediate political opportunity for the party under LK Advani was the promulgation of the Muslim Women (Protection on Divorce Act), 1986. This law overturned the Supreme Court’s verdict in the Shah Bano case which allowed continuous maintenance to Muslim women . The 1986 Muslim Women (Protection on Rights of Divorce) Act diluted the Supreme Court judgment and allowed maintenance to a divorced woman only during the period of iddat, or till 90 days after the divorce.

Meanwhile in 1964 the Viswa Hindu Parishad was formed by Guruji Gowalkar and  S S Apte under the able guidance of the Pujniya Swamy Chinmayananda the founder of Chinmaya mission and one of the post independent global  exponent of Gita and Upanishad philosophies . The VHP which aims to consolidate, serve and protect the Hindu Community, under the then leadership of Ashok Singhal decided to take up the issue of Ram Janmabhoomi in its Dharma Sansad held in Delhi in 1984. In 1989 in its Palampur,Kangra Resolution the BJP under LK Advani took a resolution to fight for the cause of Ram Janmabhoomi which resulted into his rath yatra which resulted in a political consolidation of the Hindus . In the elections that followed after the BJP has consistently outweighed the congress party and in 1998 the party along with like minded groups formed the National democratic alliance which came to power in 1998 to 2004 being the first non-congress political dispensation which completed  its 5 year tenure.

Twenty first century and Hindutva movement:

Emergence of the twenty first century saw the coming  of a new generation technologically enabled and highly networked through a burgeoning social media. By the second decade of this century conservative nationalism started emerging across the globe with individual leaders leading youthful movements. The Hindutva movement quickly moved into the digital platform and found centrifuged under a leader named Narendra Modi the then chief minister of Gujarat. The digital Hindutva movement under Mr Modi focussed not only on the national but also on the global Hindu diaspora. Unlike the focussed religious agenda the digital Hindutva campaign was on development christened ‘’ sab ke saat sab ka vikas’’ a term which reverberated among the youth and middle class Indians paving way for the second NDA government under Narendra Modi as PM in 2014 .