Ayodhya and the Politics of India's Secularism: A Double-Standards Discourse Author(s): Ramesh Thakur Source: Asian Survey, Vol.

33, No. 7, South Asia: Responses to the Ayodhya Crisis (Jul., 1993), pp. 645-664 Published by: University of California Press Stable URL: http://www.jstor.org/stable/2645353 Accessed: 18/08/2010 16:41
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AYODHYAAND THE POLITICSOF INDIA'SSECULARISM

A Double-Standards Discourse
RameshThakur
... ifonedaytheBabrimasjid dismantled, faith HinduCatholicism is my in informs that large me a section theHindus be as pained of will (they want the temple bebuilt, themosque be destroyed) theMuslims Indiaand to not to as in Pakistan be. will 1 Ironically, the veryday that the above was pubon lished, the Babri Masjid was destroyedby a 300,000-strong mob in Ayodhya.The demolition themosqueplunged of India intotheworst outbreak of communalviolencesince partition, with 1,700 dead and 5,500 injured. The savage communalriotsin Calcutta,seat of a Communist Party government more than a decade, and Bombay,home to the for Laxmiputras(sons of Laxmi, the wealth goddess), sent shock waves in a through country unaccustomed seeingsuch eruptions its principal to cosmopolitan cities. ScenesofMuslimsin thethousands crowding railway in stations a desperate effort escape fromBombaywerereminiscent of to themassexodusafter post-partition serious the riots. Othercostsincluded doubtsaboutthecapacityofthepoliticalsystem cope withthecrisisof to confidence the fright and investors givento international just whenthey liberwerebeginning acceptthegovernment's to to commitment economic alizationand reforms. The militant of Hindusgloatovertheavenging pastcenturies Muslim of and rule,whiletheaverageIndianMuslimis sullen, frustrated, bitter.The Englishlanguagepressin India reported and reactedto the eventsin the languageof secularism, constitutionalism, rule of law. I shall argue and herethatthe communalization politicsby the Bharatiya JanataParty of
Relationsand DirecRamesh Thakuris Professor International of torof Asian Studies,University Otago, New Zealand. of ? 1993 by The Regentsof the University California of 1. Saeed Naqvi, "Musingsof a Muslim,"Sunday TimesofIndia, 6 December 1992.

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(BJP) is the proximate cause of the Ayodhyacrisis. But the cataclysmic eventsof December6, 1992,and after also symptoms a pervasive are of regimedecay thathas slowlybeen eatingaway at the Indian state. The appeal of fundamentalism a religious in community has no history of that zealotry grownalongsidea demisein themoralauthority thestate. has of By thesame token, crisisoffers new opportunity retreat the a to from the discourse doublestandards, of abandonthesearchfor"votebanks"based on promoting confrontational group rights, and return the notionof to rights thateveryIndian qua Indian has.

While most religions preach universal brotherhood, religionhas been a sourceof friction has throughout humanhistory.The Subcontinent been were especially in unfortunate thisrespect. Secularand sacred authority in separated thetraditional the Hindu social orderthrough varnashramadharma system:"The Indian socio-political normwas characterized by in orthopraxy observance similarcustomsand social distancebetween of in castes ratherthan by orthodoxy termsof identicalbeliefsheld by all individuals."2 This enabledsocial cohesionto be maintained within pata tern diversity; of state-enforced orthodoxy neither was necessary possinor ble. Islam by contrast distinctive uniting spiritual is for the and temporal aspectsof social order. Yet historically, conflicts and alliances betweenrulersin India were based on politicalclashesof interests expediency and rather thanreligious divisions.The mostimportant conceptwas "loyalty the salt" and the to mostdespicablebetrayal was disloyalty the salt (namak haram). Rulto ers,in establishing dynasties, foundit expedient promote to thisconcept, in return accepting responsibility guarding the faiths theirsubfor all of jects. Loyaltywas reciprocal, imposingrightsand obligations both on rulerand subject. Akbar,thegreatest Mughal emperor (1556-1605),projected such an imageby forging matrimonial allianceswithHindu Rajput clans and by merit-based recruitment peopleofall faiths of intohighstate In offices. 1563 he abolishedthe tax thathad longbeen exactedby kings from pilgrims traveling worshipat sacredHindu sites. In 1564 he reto the mitted hatedjiziya(non-Muslim tax), "and withthatsinglestroke poll ofroyalgenerosity moresupport won the from majority India's populaof

Constitutional Secularism

2. SurjitMansingh,"State and Religionin South Asia: Some Reflections," South Asia 4:3 Journal (1991), p. 297. Varnashrama the Hindu classification societyand lifeinto is of fourdivisions and orders; dharmarefers thedutypertaining a particular to to casteor order.

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combinedmanaged to musterby tion than all otherMughal emperors theirconquests."3 along divisions policyof divideand rule hardenedvertical The British the of lines. The Government India Act of 1935introduced prinsectarian elevatthe throughout politicalsystem, ciple of communalrepresentation for separateelectorates above all else and providing identity ing religious beganto be builtalongcommuHindus and Muslims. Politicalcoalitions nuin leadersacquiredvestedinterests demonstrating nal lines;religious merically large followingsas the surest path to political power; lost and accommodation consociationalism any politicalutility.Mohamof "thefather Pakistan,"claimedand was concededpolitmedAli Jinnah, but party up ical importance to 1947,notas theleaderofa majorpolitical area oftheSubin as theleaderof the Muslimsliving theHindu majority was not solved by partiminorities continent.The problemof religious to in tion-a policyof divideand leave. Governments Pakistancontinue GeneralZia ullegitimacy. of seeksanctification politicalrulein religious rule in Islamicrevivalism orderto equatehis military to Haq tried harness could thenbe dealt withas withPakistanand Islam; politicalopposition treasonto the nationand the community. of of morethanfour-fifthsthe population inHindus formed Although of numbers Muslims,Christians, India, thisstillleftsignificant dependent of wereapprehensive minorities and Sikhs,Buddhists, Jains.The religious chose to act as a community beingswampedby Hindus if the majority one Secularism, of of system government. bloc in a representative voting or bothof can of the majorprinciples the Indian Constitution, mean one in and expressed for twothings:equal and due respect all religions faiths, all religions prosper);or separaas Sanskrit sarva dharmasamabhav(let the tion of the statefrom church. But in its second meaningsecularism betweenstateand churchin relationship againstthe historical militated India in boththeHindu and Islamiccontexts.The Preambleto the Conto declaredone of the objectives be to secureto all citizensof stitution on of belief, worship.The chapter fundamenand India thefreedom faith, groupsthattheir to guarantee minority a tal rights provided constitutional democracy. The in sensitivities could not be overridden a majoritarian minoriassuranceto religious thatthiswas insufficient framers, believing on 25-28 focusing in a ties,incorporated separategroupof rights Articles of the right freedom religion. to denomin there Constitutionally, is no statereligion India. No religious against; the ination is accorded any special privilegeor discriminated
Press, 1977), of 3. Stanley A Wolpert, NewHistory India (New York: OxfordUniversity p. 127.

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rights conferred the Constitution equallyavailableto every by are citizen. The rightof any citizento aspireto, and seek the highest office state of in embodiessecularism the politicalrealm. The constitutional protection of religious rights extendsfromfreedom religious of thought and observance to the maintenance charitable of and educational institutions all by religions."Positive"religious freedoms underpinned a setof"negaare by tive"religious rights.The stateis enjoined to discriminate not againstany citizen thebasis ofreligion anymatter, in particular regard on in and in to access to, or use of public places, employment, admissioninto any and educationalinstitution maintained whollyor aided by the state. But the Constitution does circumscribe religiousfreedom with three qualifications: public order,morality, and health. Infanticide and sati in (widow-burning), example, for cannotbe practiced thenameofreligious rituals sanctified centuries custom.Similarly, statewas permitted by of the to enact measuresof social reform, example,openingup Hindu relifor giousinstitutions a publiccharacter all castes,classes,and sections of of to society. This was a corollary the abolitionof untouchability, to ensuring thatsocial inequalities could notbe legallyperpetuated underthecloak of religion.The scope of freedom religion of conferred the Constitution by has been widenedbyjudicial interpretation theeffect it guarantees to that notjust the right practiceand propagate to religious faithand belief, but also all ritualsand observances that are regardedas integral partsof a religion its adherents. by

Jawaharlal Nehru was a majorarchitect the Constitution. of During his tenureas primeminister (1950-64), he triedto give "fleshand blood" to theconstitutional principles. government inclusive, His was representative of the myriad strands Indian society, of committed promoting to secularism,sensitive conventions to governing relations between government the and opposition benches,and generally carefulnot to intrude upon state rights.The factthatstategovernments werealmostall underthe control of the CongressPartyhelped. Since the 1960s,however, have politicians gradually becomeless cosmopolitan moreprovincial, whilefederalism and has becomemorecomplex,requiring bebargaining and accommodation tweengovernments by different run politicalparties. In time,some parties relibegan to attackNehru'slegacyof tolerating gious diversity "pseudo-secularism" as and "appeasement"of Muslims. Their attacksgained credencewithattempts Prime Ministers Indira by and Rajiv Gandhi to build "vote banks" along sectariandivides. There was a seriesof laws, decisions, seemedto and policiesthatcumulatively demandadherence themajority of to whileconcedcommunity secularism

The Retreat from Secularism

649 to the ing to the Muslimminority right live by othernorms. By insisting from requirements the Muslimsshouldbe exempt of thaton somematters erodedthevery leadersprogressively Muslimand government secularism, on of secularism whichthesecurity Muslimsdependedin a Hindu-majoris Muslim men to have fourwives,forinstance, itycountry.Permitting propaganda millthatIndia eventually will grist the Hindu chauvinist's to be overrun Muslims. by
RAMESHTHAKUR

The Shah Bano Controversy Similarly, Hindu SuccessionAct of 1956 gave Hindu womentheright the subwhileMuslimwomenremained patrimony, to inherit shareof their a religious laws. Indianshad alreadybecomeconscious ject to anachronistic Pakofwomen'sunequalposition theeyesofIslamiclaw in neighboring in Zia by theordinance introduced President ul-Haq, forexamistan. Under was and by malewitnesses thevictim ple,rapehad to be substantiated four as blindgirl,gavebirth the required identify rapist. Safia,a 16-year-old to thismadeheran adultercourts a result a doublerape. To thePakistani of yearsinjail.4 The to ess and she was sentenced 16 publiclashesand three most celebrated case in India is that of Shah Bano, an elderlyMuslim support womanwho soughtrecoursein the civil courtsformaintenance husbandwho had divorcedher. Some Muslim leaders fromher former a by it converted obscurecase intoa cause celebre turning from strugthe of the justiceintoan issueofgrouprights-namely, right gle forindividual Muslims in India to regulatetheirown affairs.They won, despite a in thatin on Supreme Courtruling 1985in Shah Bano's favor thegrounds over Islamic law. India's secularlaw took precedence thisinstance ArifMohammad Khan, was asked to The Muslim cabinetminister, in but of speakin Parliament defense thecourt'sdecision, thegovernment The demonstrations. mass protest lost its nervewhenMuslimsorganized liberal Rajiv Gandhi caved in to the deputatively Western-educated, and mands of the Muslim fundamentalists passed the Muslim Women to of on (Protection Rights Divorce) Act in 1986. Rightsguaranteed Shah of Bano by the Constitution India were takenaway by a constitutional the purposeof overturning judicial enactedwiththe specific amendment ArifKhan effect. of Court,and thatwithretroactive verdict theSupreme the resigned from cabinet. P. V. NarasimhaRao was not onlya member of the Gandhi cabinetat the timebut also a member the key Cabinet of decisionto negatethe that Committee PoliticalAffairs tookthefateful on in primeminister courtverdict.Othercabinetministers wereV. P. Singh,
4. Mary Anne Weaver,"Women FightIslamic Abuse," Sunday Times(London), as reprinted theNew Zealand Times,28 October1984. in

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in 1990,and S. B. Chavan, home minster 1992. None of themopposed Gandhi on the issue. in The Muslimcommunity India has paid a highpriceforthatpolitical travelin India in Decemvictory 1986. Duringtwo weeksof extensive in in 1993,I did not have one discussion whichthe Shah ber 1992-January of proofof thediscrediting up Bano case was not brought as theultimate is secularism. The Congressgovernment widelyperceivedto have refor treated statedpointofprinciple crasspoliticalreasons: from publicly a thatwas for Muslimbloc support a party an effort shoreup crumbling to in peoplesaid contemptutrouble.To theCongress, clearly deep electoral by ously, secularismmeant endless appeasement the Hindus of neverthissenseof Hindu grievThe BJP exploited yielding Muslimfanaticism. he on arguing thatwhena Musliminsisted his rights, was ance to thefull, but praisedfor standingup for minorities, when a Hindu spoke of his he country, was called a bigot. PartyleaderL. rights a Hindu-majority in K. Advaniacknowledged the Shah Bano case was "a watershed laterthat behindhis party.5The dangerwas event"in mobilizing Hindu sentiment of of recognized a number Muslims,one of whomarguedthatefforts by an at theAll-IndiaMuslimPersonalLaw Board seemeddirected creating among Indian Muslims,keepingthembackward exclusiveconsciousness and orthodox reactionary forces.The 1986Act captured and encouraging havingto adMuslim supportforthe Congresswithout fundamentalist dressthe economicand politicalmarginalization Muslims.6 of The SatanicVersesControversy of in of The nextnail in the coffin secularism India was the banning The Muslim,Salman Rushdie. This written theIndian-born by Satanic Verses faithin the is a rich,powerful, complexnovel in whicha migrant's and religion his birthis brokenbut not replacedby faithin the dominant of to it surrounding brought religion the host society.7The controversy of society. theforethequestionoftheproper constitution a multireligious of with the religious,and The political community not coterminous is need to be addressedwhereone politicalcommuproblems adjustment of may not be communities. Politicalrights nityembracesseveralreligious evenwhen,in princiindividuals distributed equallyamonggroup-defined
5. Sunday Timesof India, 14 October1990. Act," States6. Hasan Abdullah,"Muslim PersonalLaw: Case foran OptionalReform 1992,p. 11. man Weekly, January 25 Pot: Cross7. A fuller discussion by RameshThakur,"FromtheMosaic to theMelting is and in Citizens: The Philosophy National Reflections Multiculturalism," Multicultural on for Studies,1993), Politics Identity, of ChandranKukathas,ed. (Sydney:Centre Independent pp. 107-12.

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ple, theyare distributed equally among all citizens. The disjunction between individuals' membershipin discrete political and religious communities attracts interest politicaltheorists the of becauseof a tension between conceptions how to treatindividuals of justlyas members reliof gious communities as citizens. and Westerners have difficulty can comingto termswiththe idea thatthe selfis embeddedin its social environment; many non-Western societies havedifficulty conceiving individual of identity outsideitscultural context. The paradoxofindividual versuscollective rights be illustrated the can by right self-determination. to Individuals exercise right; outcomeof the the theexercise to determine fateofcollectivities. of is the Similarly, right the freedom religion simultaneously individual of is an right-theright any of personto choose betweenreligions-and a collectiveright-that of the members any religion maintain beliefs, of of to the practices, symbols and their faith.The individual's right wouldbe an empty conceptifunaccompaniedby the right the group. A Muslimin India has the right beof to lieve in and practiceIslam; the Muslimsin India have the corresponding right maintain Islamiccommunity. to the Neither complete is without the other. The Rushdieaffair threwup fourdifferent conceptions equal treatof mentin law in a multireligious society:
* theorthodox viewthatthestatemaynot persecute suppress or any religion but remains freeto reflect dominant in the religion society, i.e., blasphemy againstthe Hindu faith would be illegalin India; * thenotionthatall religions shouldbe equallyprotected thelaw,i.e.,blasby phemyagainstany religion shouldbe banned; * thebelief thatall religions shouldbe left equallyunprotected thelaw,i.e., by thereshouldbe no blasphemy law; action: anti-discrimination e the legal equivalentof affirmative legislation are seeksto provide to becausethey specialprotection womenand minorities to under a perceived be underspecial threat.Similarly, particular religion in threat a givenpoliticalor social climatecould be givenexexceptional traordinary measures protection. of

of Structures belief notcommonto all religions.Islam is distinctive are in its conceptof treasonto the universal of community the umma (faithrose of ful). In reality, in Satanic Verses, custodians absolutetruth as the of of via up in defense thedivine nature truth revealed theprophet.The as statusof truth not easilyinvestigated religious but is in matters, beliefin suchtruth heldcrucialto theidentity self-definitionMuslimsliving is of of in India (as in the West). An assault on beliefs, becomes an therefore, attack on theirpersons. This is a dangerousgame to play and it was turnedagainstthe Muslimsin the Ayodhyacontroversy. Hindu funda-

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mentalist leadersinsisted thatthe actual historical recordwas irrelevant. Religionis a matter faith of and belief, ifHindusbelievethata temple and to Ram once stoodon thesite,thisbelief gave extraconstitutional sanction to theirprogram.The continuing existence the mosque on a site so of sacred to Hindus,theyargued,was a continuing assault on everyHindu personally. The Rusdie affair and the Ayodhyacontroversy demonstrate diffithe cultyof basingpublic rules in a plural societyon religion. In a society characterized moral and religious by diversity, legal restrictions mustbe groundedin reasons that everyone can share. The forceof religiously based arguments be rejected adherents competing will by of but faiths, the faithful not prevented are fromrecognizing the validityof arguments grounded secularism.Hence, the imbalancein the recognition reliin of giousand nonreligious valuesin thepublicrealmofmulticultural societies. The Satanic Verses Muslimsbut none was thereby may have offended frompracticing faith.."Freedom of religion"means the prevented the freedom liveand worship to according one's religious to beliefs.Freedom ofexpression functionally is if meaningless it does notincludethefreedom to offend. it is inoffensive, it does not need safeguarding. If then Equality is the right be critical anyonewithout to of on of discrimination grounds race, creed, or gender. Secularismpredicatedon religiouspluralism should not be confusedwith religiousrelativism.A variantof cultural relativism would imposelimitson the freedom expression proscribof by ingattacks beliefs on thatcould lead to publicdisorder.This was thebasis on whichtheSatanic Verses was bannedin India, and it has two deleterious consequences.Practically, can lead to threats createdisorder it to by it it any group that wants to stop anything dislikes;philosophically, to amounts penalizing victims the rather thantheperpetrators disorder. of In June 1992 Professor MushirulHasan of the Muslim JamiaMillia said in an interview University thatwhilehe disapproved theSatanic of he Verses, was opposed to the book's banning. The goal of a ban is to prevent people from readinga book. But the veryact of banninggivesa book notoriety, excites and people'scuriosity, leads morepeopleto read it clandestinely.In his view, those who disagree with the contentsor messageof a book shouldengagetheauthorin debateand attempt deto molishhis arguments.The interview produceda violentreactionfrom fundamentalist students who began an agitation Mushir'sresignation. for A lecturer who disagreed withtheirdemandswas beatenup by theagitators;otherdissenting teachers at (about halfthetotalstaff the university) werethreatened withrapes of theirdaughters. AsgharAli Engineer, director the Institute Islamic Studies,comof of mented thatthis"is not mereintolerance, is degenerate it conduct." He

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disagreed withMushiron the questionof whether book should have the beenbannedbutinsisted thatMushirhad theright express opinions. to his The ensuing storm protest of merely reinforced perceptions Islamicillibof eralismand intolerance.Asghar Ali argued further that former Prime Minister P. Singh,"by pandering thedemandsofsomeopportunistic V. to Muslimpoliticians" joiningthedemandforMushir'sresignation, in risked causing "immenseharm to the cause of Muslimsin this country.Such stancesgivecredibility theBJPchargethatsomeparties in theMusto see lims nothing but a tempting vote-bank." In Asghar Ali's view: "Any movement promoting intolerance can only be harmful the minority for community. provides It legitimacy majority to communalism."8

If secularism understood thegradualdisplacement ascriptive of is as of ties religion, caste,and ethnicity achievement-based by calculations, thenthe oppositehas happenedin India. Far frombeingconfined the private to sphere,caste and religion have come forcefully onto the centerstage of public life,and the BJP has been a major beneficiary the progressive of attenuation secularism.The party, of whichheld only two seats in the EighthLok Sabha,increased tallyto 85 in the 1989election its with11.4% of the vote,and to 119 in 1991 with19.9% of the vote. Although BJP'ssuccesseshave a manifold the explanation thatincludes and its werebuilt organizational leadership skills, 1989and 1991triumphs on and based on nationalism mainly twofactors:an unapologetic identity of and In of patriotism an exploitation Hindu sentiments. itsown version liberationtheology, the BJP decided to liberatethe Hindu god Ram, whose supposedbirthplace site in Ayodhyawas occupied by the Babri Mosque. In September 1990,partyleaderAdvani launcheda nationwide of of for campaignin support themovement theconstruction a templeto Ram in Ayodhya. He engagedin a 10,000-km rathayatra (chariot journey)in a jeep painted look likea war chariot, to callingupon thepeopleto demonstrate Ram bhakti(Ram worship)and lok shakti(people power). The slogan adoptedby the partywas mandirwohinbanayenge (we will build the templethere, the and onlythere). In contemporary newspeak, and inteprogram was justified grounds maintaining on of nationalunity of gration.In reality, whenthe 100,000-strong gathering kar sevaks(holy tried storm BabriMasjid in October1990,about30 were to volunteers) the killedby police in the attempt more died in the ensuing and hundreds communalriots.
9. 20 Hindu Weekly, June1992,p. 8. AsgharAli Engineer, "LiberalIslam underChallenge,"

The Bharatiya Janata Party

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In additionto its good performance the nationallevel in 1991, the at BJP won power in four states: Himachal Pradesh, Madhya Pradesh, Rajasthan,and Uttar Pradesh (UP). Ayodhyalies in UP, India's most populousstate, wheretensions werenever entirely absentafter installathe tionofa BJPgovernment. theBJP,having But provoked Hindu-Muslim a polarization beforethe 1991 election, realizedafterwards that failureto maintainlaw and order would invitecentralgovernment intervention. ChiefMinister Kalyan Singhused the absenceof widespread communal riotsas evidenceof fairgovernment, in reality relative but the calm was attributable a refusal Muslimsto be provoked to by intoan unwiseconfrontation withan unsympathetic administration. While not inflicting a reign terror thestate'sMuslims, BJPgovernment of on the subjected them to much harassment, to including pressures convert Hinduism. As a to result, Muslimsbecamesullenand suspicious. the

The BabriMasjid was builtin Ayodhya 1528during reign Babur, in the of of founder the Mughal dynasty-hence,the name of the mosque. The courtstook possessionof it in 1950 in responseto cross-petitions from Hindus and Muslimsconcerning smallaltarto Ram thathad beenbuilt a insidethecomplex. The two chiefprotagonists thecontroversy the in are VishwaHindu Parishad(WorldHindu Councilor VHP) and theAll-India Babri Masjid ActionCommittee (AIBMAC). Two separateissuesare enin is tangled thecontroversy: Ayodhya birthplace Ram, and was the the of on mosqueconstructed theruinsof a temple?The VHP relieson archeologicalfinds, folklore, historical evidence, of revenue records, and records legal proceedings arguethatthe mosque was constructed top of an to on eleventh the of century temple marking birthplace Ram. But in theend its main argument the unanswerable is logic of religion:Hindus believethe answerto bothquestions be in theaffirmative. AIBMAC pointsto to The historical and otherrecords, to such as Babur's last testament, arguethat themosquewas notbuilton theremains a temple. Its leaders,such as of Memberof Parliament Syed Shahabuddin, were on recordto the effect thatifit could havebeenconclusively thatthemosquewas builton proven theruinsof a temple, thenthesitewouldhave beenconcededto Hindus.9 "Moderate"Hinduscommitted theconstruction a templeat thedisto of
9. In May 1991four historians-three Hindusand one Muslim-submitted report the a to government the Ayodhyadisputestatingthat therewas no historical archeological on or evidenceto suggest thatany spot in Ayodhyawas venerated thebirthplace Lord Ram as of priorto the 18thcentury (Hindu Weekly, May 1991,p. 6). 25

The Ram Janambhoomi-Babri MasjidControversy

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putedsitewereprepared acceptand pay fora careful to dismantling the of mosque and its reconstruction a different in Ayodhya. Moderate at site Muslimsrecognized religious the valueofAyodhya theHindusand also to acknowledged thatthestructure notbeenused as a mosquefora very had long time. But some Muslims insistedthat the mosque had to be left whereit stoodand theHindu imageremoved from underthecentral dome whereit had lain since 1949. They argued,correctly, thatthe structure had notbeenused as a mosquebecauseMuslimshad notbeenpermitted to use it. The VHP, too, rejected moderate a solutionto the dispute. PoliticalProfit fromReligiousTension Politicians bothcommunities politicalprofit promoting of saw in religious militancy that mobilizedentirecommunities behind them. Few Indian Muslimsknewoftheexistence theBabriMasjid in 1980;fewwereunaof ware of it by 1990. In the decade, the mosque had been elevatedinto a symbolof Muslimidentity, Muslimsecurity, Indian secularism.An and astonishing number Indiansofall religions of believethatreligious intolerance and militancy provokedand exploited politicians personal is by for and party gain. If theBJP was exploiting Hindus,AbdullahBukhari, the Shahi Imam of Delhi's JamaMasjid, was doingthe same withMuslims: "His ambition emergeas the sole leaderof Muslimshas done enough to damageto the safety and security Indian Muslims."'0 of When the gates to the disputedshrinein the Babri Masjid were unlockedon February 1986,SyedShahabuddin 1, tookthelead in organizing a Muslimagitation protest.At theforefront in demanding ban on a in also The Satanic Verses, was to become a favorite he targetof the Hindutva backlash. The agitation, comingclose on theheelsof theShah Bano conInto troversy, playedright intothe hands of VHP efforts communalize dian politics. Calls on Muslims to boycott India's Republic Day observances and setting firecrackers Muslim localitiesto celebrate off in Pakistan'scricket teamvictories further inflamed Hindutvapassions. The Shahi Imam went on the offensive 1988 and outmaneuvered in Syed Shahabuddin hard-line in resistance Hindu demands. In thetensepostto dedemolition the atmosphere, Imam was once again in the forefront, mandingthe rightof Muslimsto offer namaaz (Muslim prayers)at the site. disputed on Having appeased Muslim fundamentalism the Shah Bano and in to Salman Rushdiecases, Rajiv Gandhiresponded like manner therising tideof Hindu anger. The doors of the Babri Masjid wereopenedfor the at in worship the Ram shrine 1986,and in 1989 Rajiv permitted per10. Engineer, "Liberal Islam underChallenge."

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stone). Indeed,he performed (layingof foundation formance shilanyas of campaign. of nearAyodhya thestart the 1989 election at shilanyas himself electedthat year seemed to believethat it The JanataDal government could forgean unbeatableelectoralalliance of "backward" castes and and for affirmative actionprograms theformer enMuslimsby expanding cabinet minister amongthelatter.As a former couraging fundamentalism elusiveas long problem remain will to commented, solution theAyodhya a fundamentalism. is as thegovernment seen to be "appeasingtheminority minority funby cannotbe contained pampering Majority fundamentalism 11 damentalism." the tension during secondhalfof the 1980sflared Increasing communal Ahmedabad, and Bhagalpur.In in intoperiodic riotsand killings Meerut, the 1980s,morethan 7,000 people were killedin some 4,500 communal for the incidents,12 almostquadrupling figure the 1970s. The last major in werein Sitamarhi Biharin October demolition riotsbefore Ayodhya the is here: Ayodhya themythical historical symmetry 1992. Thereis a fitting of is "birthplace" Ram's conbirthplace Ram; Sitamarhi the mythical of sort, Sita (legend has it that Sita was foundin an earthenpot in the up in flared dangerously ploughing fields).The Babri Masjid controversy showedgreatrelucJuly1992 whenthe UttarPradeshstategovernment 21 work)at Ayodhya. On July tanceto stopthekar seva (holyvolunteer Prime a of theSant Samaj (congregation holymen)rejected proposalfrom of kar Minister Rao to suspendtheongoing seva forconstruction thetemThe following government. ple and enterintoa dialoguewiththecentral Court'scommenthe day theVHP askedthekarsevaksto ignore Supreme tarieson the dispute. As faras the VHP and the Sant Samaj wereconof cerned,the disputewas beyondthe competence any courtto decide. the to of The BJP government the staterefused countenance use of force interinsteadforcentral government againstthekar sevaksand prepared the vention enforce court'sorders. to the is the government Indian federalism distinctive granting central for electedstategovernments replacethemwithadminand powerto dismiss may declare an run directly fromNew Delhi. The president istrations in in cannotbe conducted that emergency a stateifsatisfied itsgovernment in In accordancewiththeConstitution. thepast,governments New Delhi in had been peremptory authoritarian dealingswithstateadministraand tions. But in the Lok Sabha debate on December21, 1992, Narasimha to was Rao arguedthatArticle356 oftheConstitution too restrictive have
Hawks Won't Work,"Indian Express,3 January Minority 11. Arun Nehru,"Pampering 1993. 1990,p. 34. 12. India Today,15 January

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permitted to dismiss BJPgovernment him the before mosque'sdemolithe of tionand thatperhapsit neededto be amended. Students Indianpolitics justifying nonwerethusfacedby the novelsituation a primeminister of rejected prime the minister's use ofArticle356. Constitutionalists contenof tion that he could not have acted sooner.13 The deployment central and, if forces be ordered a situation can in rapidly drifting towardanarchy The necessary, againstthewishesof thestategovernment. NationalIntehad 23, government gration Councilhad meton November and thecentral warning speciallytrained of squads beingarreceived intelligence reports of rangedduringthe kar seva for purposesinimicalto the security the of Babri Masjid structure. Hence, the disenchantment manywithRao's inactionpriorto December6.

The BJP, the RashtriyaSwayamsevakSangh (RSS), the Hindu MaBajrang Dal, and the VHP are knowncollechasabha,the youth-based tively theSanghParivar(theSanghfamily).The BajrangDal, RSS, and as afwerebannedby thegovernment VHP (and two Muslimorganizations) ter December6 as communalorganizations.But the RSS, witha fivevolunteers, operatedas an underground has million-strong of former base as period. organization before, duringthe 1975-77 emergency after demthe in The dismissal theBJPgovernment UP was expected of olitionof the mosque. Some Congressleaders,indeed,had demandedits by they had beenvindicated theevents dismissal evenbefore, believing and inaction ofDecember6, theywerecritical theprimeminister's of putative in not heedingtheircall and putting faithin the words of the BJP. his This was also thebasis of criticisms the Indian government foreign by of But it remainsdifficult see how Rao could have acted to governments. otherwise consistent withIndia's democratic-federal polity.The BJP govin ernment UP had been givena popularmandateat thesame timeas the opposiin Congress government New Delhi. The BJP was also thelargest of in tionparty Parliament.To imposecentral ruleon UP in anticipation untenable constitutional by would have been impropriety its government not was The Rao government guilty, legallyand unsustainable politically. of indecision in the and vacillation tolerating Kalyan Singhgovernment three in untilDecember6, but of haste and panic afterwards dismissing beentoo cauother BJPstategovernments. of Stungbyallegations having measureof distiousin UP, NarasimhaRao tooktheextra-precautionary
on Shattered Article356," Statesman A. 13. For example, G. Noorani,"Rao's Credibility 16 1993,p. 1. Weekly, January

Post-Ayodhya

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missingall BJP state governments-Madhya Pradesh, Rajasthan, and Himachal Pradesh-afterthe Ayodhyademolition. The dismissals attracted considerable criticism. They werean alibi for inaction a CongressPartybereft ideas on how to confront politby of the ical challenge theBJP. Havingfailedto seize theinitiative cleansing of in theCongress itsinherited of corruption scandalson a variety fronts, of the prime minister in no position claimthemoralhighground was to from the BJP on any issue. Beforethe dismissalof the BJP governments the and arrestof about 5,000 seniorand middle-ranking partyofficials, BJP the and parliamentary leadershipin New Delhi had been on the defensive went apologetic abouttheincidents December6. Afterwards, party of the on theoffensive, of ridiculing central the government's courtship theintelin ligentsia and theforeign pressat theexpenseofmajority sentiments the Hindi heartland.Psephologists calculatedthathad elections been held at in the end of 1992, the BJP would have increasedits representation the 14 Lok Sabha from119 to 170 seats. RegimeDecay The political exploitation a Hindu senseofgrievance thustheproxiof was matecause oftheAyodhya tragedy.But theultimate cause was thecreeping malaiseafflicting India's constitutional democracy.For this,thechief responsibility at thedoor of theCongressParty. An independent lies and powerful judiciary one of thechiefinstruments theattainment the is to of liberalgoal offreedom from unrestricted authority. state But IndiraGandhi arguedthatan independent bulwark judiciarywas the mostpowerful of an entrenched againstthedemocratic elite demandsforequality. Dursucing her emergency rule (1975-77), the SupremeCourt effectively of cumbedto governmental and pressure abdicateditsroleas theguardian individual rights againstthe state. Otherinstitutions statealso faced of growing politicalinterference. Indian commentators have longpointedto the unholynexusbetweenpoliticians, and the police. With a criminals, it that steadycriminalization politics, is hardlysurprising thereshould of now be a politicization crime. Politicians corrupt of are and held in general contempt, fearedfortheirruthlessness wielding in state power. but The policeare heldin private toward ridicule their for mouse-like timidity in and withthegeneral political superiors lion-like arrogance dealings public. In Ayodhya policewerecaughtbetween the their legalroleofprotecting the mosque and the politicalreality a stategovernment was comthat of mitted destroying This,and not thenarrower of to it. consideration sym14. India Today,15 January 1993,p. 16.

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of withthe sentiments the Hindu mob,was thelargerdilemma pathizing the confronting guardiansof law and orderon December 6. For every an in seniorpolice officer India, thereis an imbalancebetween impartial, to dedication dutyand partialserviceto the groupin power. professional about its relationworrying mob without deals witha riotous If an officer and to he stategovernment, does little enhancehis prospects shipwiththe will ofcareerdamage. Cabinetministers descend risk acceptsa substantial well on him,notto praisehimbutto buryhim. So thepolicein Ayodhya, to weresilentonlookers the politics, stategovernment's aware of the BJP of of destruction a mosque that was under the protection the Supreme for havingcreatedthisdilemma thepolice,is Party, The Congress Court. to in no position complainof havingto reap the whirlwind. the the Like Shakespeare'sShylock,15 Sangh Parivarbettered lessons open disdain for the learnedfromthe Congress. Showingincreasingly and judicial correlatesof Indian democracy,the Sangh constitutional thanin the rather battleson thestreets its Parivarchose to fight sectarian graspof the courts.The peopleof India wouldappearto have an intuitive cause) and the Congress(the of joint culpability the BJP (the proximate after a ultimate cause). In an opinionpoll conducted fortnight thedemoligovernblamedthe central tionof themosque,30.2% of the respondents and 29.8% blamed the UP state government, mentforthe demolition, 17.9% blamedboth.16 Regimedecay was accompaniedby governmental for to ennuiand policyparalysis.Havingalloweda majorproblem fester chalto more than forty years,New Delhi responded the multipronged and ineptitude, mix lenge of December 6 withcharacteristic of bluster, state tough;alongwithdismissing confused retreat.Rao beganby talking he and governnments banningorganizations, promisedthat the mosque the wouldbe rebuilt.But in themeantime, Hindu mobthathad destroyed images on temple theruinsand installed themosquehad builta makeshift first ofRam. A newmosquecould notbe builton thesitewithout destroyin chargedatmosphere a ing the templeand the images. In a religiously which countrywith an elected systemof government, Hindu-majority withthetemple?On January was goingto dare to tamper politicalparty the of administration Ayodhyalifted ban and permit2, 1993,thedistrict ted Hindus to worshipat the Ram shrineon the site of the demolished mosque. decisionto resituation.The government's The BJP was in a win-win was of guilt, in flush post-demolition buildthemosque,announced thefirst
the you teach me I will execute;and it shall go hard,but I will better 15. "The villainy Act 3, Scene I. of The instruction"; Merchant Venice, 1993,p. 18. 16. India Today,15 January

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supported only35.7% of Indians. Hindus disapproved the decision by of by a margin 59:30.17 Whenreports of started comingin from party activistsall overthecountry thatHindusweresolidlyopposedto removing the imagesand tearing downtheir newtemple, government the beganto backtrackon thespecifics itspromise.The mosquewouldbe rebuilt, the of but timing and thepreciselocationof thenew mosqueweresubjectto further discussion.So theCongress, alongwithitsbrandofsecularism, politlost ical points withtheMuslimswhiletheBJPwon plaudits from Hindus. At thetimeofwriting, datesforfresh in elections theformer BJP-ruled states have notbeenannounced.A mass BJP rallyin Delhi at theend of February 1993was thwarted a massive by policedeployment. seriesofpowerA fulbombblastsin Bombayand Calcuttain March further an complicated alreadyconfused situation, withthe government allegingan international conspiracy theBJP rushing pin theblameon Pakistanon theprinand to ciple of guilty untilproveninnocent.

The government muststrive a balance between rights individufor the of als, theinterests collective of entities, theinterests the state. Judgand of mentson the properbalance between competing claims mustincludean evaluation theirrelative of urgency and importance.I offer propositwo tions: * A resolution thefundamentalism-secularism may inthecriteof dilemma lie rion allocative of efficiency there noother when is achievable result which by in both in set off. parties a dyadic negotiating arebetter 18 An increase total welfare occurs of withwhen some are off people better as a result a change outanyone being worse off. * Theabove no criterion requires for policy be socially that a to beneficial, one be off. should worse than off before change someone the be and should better Forthose caseswhere is unavoidable, loss economists inthecompenbring sation if which states a policy socially that is who principle, desirable those it those better even off after compensating wholose. gainfrom remain fully The challengeto secularism India has come fromexternalsources in and fromwithin.With Southwest and South Asia infected withIslamic revivalism, task of delegitimizing the in secularism India became easier. could simply as Opponents pointto Islamicfundamentalism sufficient jusof fervor tification the need fora Hindu Rashtra(polity). Can religious and secularism cohabitwithindemocratic government? Democracyre17. Ibid., p. 20. 18. The criterion, first proposedby V. F. D. Pareto (1848-1923), is also knownas the Paretocriterion the solutionas the Pareto-optimal and solution.

Is Therea WayForward?

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tolerance dissent, of and quiresnegotiation, accommodation, compromise, a willingness livetogether thetemporal to in world. Religiondecreessubto servience authority, to non-negotiable dogma, and a willingness bear any sacrifice pay any pricein pursuit paradisein theworldbeyond and of the time. Events of 1992 in India suggestthe risksof getting mixture wrong: hell on earthas well as eternaldamnation. is India is fabledforits resilience.In today's India, religion the first of and refuge scoundrel of politicians, patriotism lastretreat thebaffled the the defeated. If the diagnosisof the rottenness afflicting Indian stateis correct, thenit followsthat recuperation the Indian body politicreof in think thefirst quiresinstitutional regeneration. Whatever Hindusmight flush theinstallation Ram idols in Ayodhya, sobering of of the factis that of it was accomplished mob rule of the worstsort: defiance constituby tional authority withthe passive connivanceof the police and the state government. Down thatpath lies totalanarchy. of then Second,ifIndia wishesto avoid a "Khomeinization" itspolitics, influence sadhusand of it mustcleansethepolitical processofthegrowing that sants. The manner speedofthedestruction themosquesuggest and of the episode was more than a spontaneoussurge by an excitedcrowd. on Tools, implements, skillssuitedto thetaskwereright hand. If the and then destruction the Babri Masjid was part of a calculatedcampaign, of Hindusmustdecideon thesanctity a temple of builton deceitand duplicity. Repeatedappeasement fundamentalist of Muslimdemandsin thepast undercut in religion-blind secularists theHindu as wellas Muslimcommuin nity. It is timeforthemoderates reassert to leadership bothcommunities. into Third,ifMuslimsare notpermitted integrate thenationalmainto will feedon the sense of thena major new terrorist movement stream, of Punjab and Kashmirhave deprivation the country's largestminority. createdproblems enoughforthe Indian stateeven thoughtheyare geothe graphically localized. Muslimsare spreadthroughout country.Largefirst but it scale terrorism Muslims would destroy theircommunity by would eventually destroy India too. This is wherea practicalapplication of the compensation principle might provehelpful. Fourth,Indians of all faithsmust accept the realityof theirhistory, in to cherishit, and take care to preserve insteadof engaging efforts it wrongs thatgo back sevrewrite Trying undo the past and remedy it. to eralcenturies timewillonlywreck present all concerned.Indian in for the inof culture todayis a composite amalgamof theassimilation successive vadersin thepast. ModernIndia and Indians,including Hindus,wouldbe if India could be wipedfrom unrecognizable somehow Mughaland British is thecollective The taskof righting wrongs generally past consciousness.

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to to doomed;farbetter have the self-confidence take pridein one's past standards. seemby contemporary how ignobleit might history matter no The Muslimsin India cannotbe held inheritable. Guiltis notcollectively of to accountfortheatrocities Mahmudof Ghazni (971-1030), Allauddin (1296-1316), and Aurangzeb(1658-1707). Even the actions of Khalji normsand practicesof theserulershave to be judged by the prevailing relevance transfor basisor historical their times. But there no religious is Muscleansingfromthemto present-day ferring chargeof religious the lims. ordia promulgated presidential On January 1993,the government 24, nance to acquire almost 68 acres of land in and around the Ram Masjid complex at Ayodhya. The land is to be Janambhoomi-Babri one handedoverto two trusts, to builda templeand the othera mosque. actionwas a capitulaThe BJP's reactionwas mixed. The government's BJP tion to long-standing demands;at the same time,the BJP was concernedabout the politicalprofit thatwould accrue to the Congressfrom the decision. The Naib Imam of theJamaMasjid, SyedAhmedBukhari, and ordinance, theAll-IndiaMuslimPersonal rejected land acquisition the directed and bodyofMuslimtheologians scholars, Law Board,thehighest all Muslimsto condemnand oppose the package. but and a mosquewillbe built, at a is The probability thatbotha temple is discreet from each other.The soft optionforthegovernment to distance and the Hinduand Muslimtrusts to refer to delegate construction separate CourtunderArticle143 oftheConto aspectsofthedispute theSupreme since thereis no legal point as such at issue, stitution.Unfortunately, thereis a dangerthat referral the Court will politicizethe judiciary to a whatis essentially politicalproblem.The judiciary insteadof resolving opinion,or politicalwisdom,nor cannotdecide upon questionsof belief, and archaeology, mythology, a and pronounce upon questionsof history, for to the cabinetcannot"shift responsibility thecourtsformatters which to the government too weak, too timidor too confused decide foritis self."19The judiciarycannotcompensate the inadequaciesof governfor mentor the failure the politicalprocess. of to have suggested courseof deferring a magnanimity might Pragmatic Hindus on Ayodhya,and perhapsMathuraand Varanasias well. Long beforethe destruction the Babri Masjid, it was clear that the Ram of by imagescould not be removedfromwithinthe mosque structure the in Muslimsor by the government orderto make way fora functioning mosqueagain. The Muslimscould denythesiteto theHindusindefinitely,
IllustratedWeekly India, 2-8 19. Nani Palkhivala,"Are We Misusingthe Judiciary?" of January 1993,p. 9.

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but only at the cost of keepingalive the disputeand poisoningHinduby was politicized the BJPOnce religion indefinitely. Muslim relations impractibecamepolitically solution a VHP and theMuslims, compromise cable. The finalerrorwas to believethatthe disputecould be solvedby the referral thejudicialprocess. The Muslimscould haveacknowledged to importance thethreesitesto Hinduism;noneof thethree of fundamental to significance Islam. They could have sought sitesis of major religious site the in helpfrom majority shifting BabriMasjid to another without the stemming the and desecration, gainingassurancesthatresolving tensions from mosquesin the threeholyHindu citieswould put an end to the the challenges mosques. The Hindus could thenhave been held to a posito monuof the tionof secularism and preserving sanctity Muslimreligious ments. "Principled"dogmatismprevailedover expedientpragmatism.The way: of pricehas been destruction the mosque in the mostconsequential by a crazed mob takingthe law into its own hands. Hindus have been in superiority thepowerofnumbers elecand awakened their to numerical toralpolitics, and the Muslimshave been boxed intoa lose-losesituation. with marginalization," no bargainof Reducedto a "position self-imposed the away the capacityto influence Muslimshave thrown ing powerleft, on outcome.20They can insistthatthe mosquemustbe rebuilt theexact spot whereit stood, in whichcase the disputewill simmerwhile India and sentiments the sense majority becomesan armedpolice statefighting a ofMusliminsecurity Rebuilding mosquewillnotbring keepsincreasing. back the historical of significance the Babri Masjid; at a timewhen the need is to build bridgesbetweenHindus and Muslims,it will widenthe the And the act of removing gulfbetweenthe two major communities. in of mainly Muslims. temple forcewill lead to killings thethousands, by To reverse earlier an a to by comment, resort terrorism MuslimswillevenOr the India,but it willdestroy Muslimsin India first. the tuallydestroy site, on Muslimscan now agreeto themosquebeingrebuilt a different in after whichcase theywill be seen to have caved in to Hindu militancy againstthe voices of Hindu moderation. yearsof intransigence Muslimvoicesto be The cataclysm Ayodhyahas enabledmoderate of of A prominent Muslimleaderin Gujaratwrites theneed to abanraised. don the steadydietof non-issues and focuson the real issuesof poverty, comMore thanhalfof India's Muslims, illiteracy, unemployment.21 and line. Dr. Rafiq of paredto aboutone-third Hindus,livebelowthepoverty
20. Girilal Jain,"BeyondAyodhya'sWatershed:MuslimsHave to Reckon withRealities," Timesof India, 14 December1992. "Let's Give Peace a Chance,"Sunday TimesofIndia, 20 December 21. J.S. Bandukwala, 1992.

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1 Position Muslimsin India, 1980 (in percent) of

Population IAS IPS 11.4 3.3 2.7

IFS 3.4

CentralGovt. State Govt. Private Sector Services Services Executive 4.4 6.0 1.5

SOURCE: RafiqZakaria,"The IndianMuslims: Are TheyReallyPampered?" The IllustratedWeekly India, 2-8 January of 1993,pp. 19-22. NOTE: IAS = Indian Administrative Service;IPS = Indian Police Service;IFS = Indian ForeignService.

Zakaria,theadministrative secretary thePanel on Minorities of appointed to statistics by Indira Gandhi in 1980,has reproduced some verytelling as the of showthegreatgap between politicalreality Muslimsperceived a in privileged groupand the social reality theirsituation the publicand of private sectors(see Table 1). The Babri Masjid Committee called forthe annual RepublicDay celebations January 1993,to be boycotted on 26, by on Muslims,but theologians the All-India Muslim PersonalLaw Board and the modernist All-India Milli Council declaredtheywould observe 26 for January as a call forrespect theConstitution. Many Muslims,dismayedby the intransigence traditional of leadersduringthe yearsof the in Ayodhyadispute, maybe preparing assertcommunity to leadership order to reclaimthe middleground. In the spiritof give and take,the Muslimsof Ayodhyacould build a mosque at an alternative wherethe truly site faithful pray. Muslims can musttake specialcare to respect Hindu sensitivities to wrench and themselvesfrom any lingering emotional attachment Pakistan. Considering to the fateof mohajirs-thosewho emigrated Pakistanafterpartitionto and of the Bihari Muslims fromBangladesh,Indian Muslims are not the overjoyed theprospect having moveto Pakistan. Said one after at of to Ayodhyademolition, "Even thosewho wentover in 1947 are stillbeing treated second-class as citizens."22Instead,farbetter rebuildIndia as to one nation, one society, one people.

22. Quoted in Sunday,3-9 January 1993,pp. 34-35.