RightSpeaks
Random musings and observations about the state of human rights and human rights laws, democracy, justice, secularism, peace and, off course, the life and all its paraphernalia with particular reference to Barak valley.
Saturday, 5 April 2025
Legislative milestones in the last two decades
Sunday, 23 March 2025
How India's Secularism Became a Tool of Religious Exclusion
The recent incident at Assam University, where authorities denied permission for an Iftar gathering while routinely approving Hindu festivals such as Saraswati Puja and Holi, underscores a systemic contradiction plaguing India’s secular framework. This pattern of unequal treatment, masked by institutional claims of religious neutrality, is not an isolated lapse but a reflection of a deeper ideological bias that conflates Hindu traditions with “Indian culture” while marginalizing minority practices as sectarian. The university’s defense that it cannot endorse “religious” events rings hollow when juxtaposed against its active facilitation of Hindu rituals rebranded as “cultural” or “educational” activities. This duality, replicated across educational institutions, government bodies, and public spaces, reveals how secularism has been weaponized to normalize majoritarian preferences while eroding the constitutional guarantee of equal respect for all faiths.
To grasp the full dimensions of this crisis, one must examine India’s historical relationship with secularism. Unlike western models that advocate strict church-state separation, Indian secularism emerged as a pluralistic compromise, aiming to protect minority rights in a Hindu-majority society post-Partition. However, over decades, this delicate balance has been distorted by political forces seeking to redefine national identity through a Hindu cultural lens. Festivals like Holi and Saraswati Puja, while undeniably religious in origin, have been systematically recast as “shared heritage,” enabling institutions to celebrate them without appearing partisan. Meanwhile, Muslim, Christian, or Sikh observances, despite their equally deep roots in India’s history, remain categorized as exclusionary “religious” acts. This semantic sleight-of-hand, as seen in Assam University’s justification, allows systemic discrimination to flourish under the guise of neutrality.
The ramifications extend far beyond festival permissions. In Karnataka, the hijab ban in educational institutions framed as enforcing “uniformity” exposes how secularism is twisted to police minority identity. Similarly, the restriction of Muslim Friday prayers in public spaces—a practice tolerated for decades—is now deemed “non-secular,” even as Hindu temple rituals on government premises face no such scrutiny. These decisions, often justified through circular logic (“Hindu practices are cultural, thus secular”), institutionalize a hierarchy of citizenship. The message is unambiguous: majority traditions represent the nation’s ethos, while minority expressions threaten social cohesion.
Such selective secularism violates Article 14’s equality clause and Article 15’s prohibition of religious discrimination. The Supreme Court’s 1994 S.R. Bommai judgment [(1994) 3 SCC 1] explicitly warned against using secularism to suppress minority rights, stating that religion cannot be mixed with political activities. Yet institutions routinely disregard this principle. For instance, Saraswati Puja in schools, a worship ritual for a Hindu deity, is defended as “fostering knowledge,” while Christmas carols or Quran recitations are barred as “proselytization.” This inconsistency betrays not administrative pragmatism but a tacit endorsement of Hindutva’s cultural nationalism, which equates Indianness with Hindu symbolism.
The psychological toll on minorities is profound. When a Muslim student sees her Eid celebration restricted as “divisive” while Diwali fireworks illuminate government offices, it reinforces her status as a second-class citizen. A large number of minority students in BJP-ruled states feel pressured to hide religious identity markers. This alienation fuels communal distrust and erodes the pluralist social fabric enshrined in the Constitution’s preamble.
Security concerns, often cited to restrict minority events, further expose institutional bias. While Kumbh Melas attracting millions are managed as logistical challenges, small Iftar gatherings are deemed “law-and-order risks.” Authorities in Uttar Pradesh, for example, permitted the 2021 Kanwar Yatra amid pandemic surges but banned Muharram processions citing COVID protocols. Such disproportionate scrutiny stems not from evidence but stereotypes casting Muslim gatherings as inherently volatile which is a prejudice reinforced by media narratives and political rhetoric.
Addressing this crisis requires redefining secularism through an equity lens. Institutions must adopt transparent, uniform criteria for event approvals, distinguishing between worship and cultural celebration without favoring any faith. If Saraswati Puja is permitted as an academic tradition, then Eid or Guru Nanak Jayanti observances emphasizing charity or community service should receive equal accommodation. Legislative measures may be considered for preventing discrimination and atrocities against minorities penalizing religious bias in public spaces. Courts must revisit narrow interpretations of secularism, as in the hijab case, and reaffirm the right to religious expression under Articles 25-28.
Ultimately, India’s secular ideal cannot survive as a veneer for majoritarianism. It demands acknowledging that Hindu festivals, while culturally significant, are not politically neutral in a multifaith society. True secularism isn’t achieved by erasing religion from public life but by ensuring no community feels targeted or excluded. As Dr. B.R. Ambedkar warned, constitutional morality must prevail over populist majoritarianism. Only when a Dalit student’s Buddha Jayanti, a tribal scholar’s Sarhul festival, and a Muslim professor’s Iftar are treated with the same respect as Holi can India claim to honor its founding pledge of “fraternity assuring the dignity of the individual.” Until then, the selective celebration of festivals will remain not merely administrative hypocrisy but a betrayal of the republic’s soul.
Wednesday, 19 March 2025
The Waqf (Amendment) Bill: A Legal and Constitutional Critique
The proposed Waqf (Amendment) Bill, ostensibly framed to "reform" the governance of Waqf properties under the Waqf Act, 1995, constitutes a constitutionally suspect legislative maneuver that disproportionately targets India’s Muslim minority. Its provisions violate the principles of secularism, equality, and religious autonomy enshrined in Articles 14, 15, 25, and 26 of the Indian Constitution, while perpetuating systemic discrimination against minorities in contravention of international human rights obligations.
The bill’s proposal to induct non-Muslim members into Waqf Boards flagrantly infringes upon the absolute right of religious denominations under Article 26 to manage their own religious affairs. Waqf, as a quintessentially Islamic institution rooted in Sharia principles, is governed by specific theological mandates that require trusteeship (mutawalli) and oversight to align with Islamic jurisprudence. The imposition of non-Muslim members, who lack doctrinal competence, into governance structures constitutes state interference in religious practice, undermining the constitutional guarantee of autonomy under Article 26(b). This contrasts starkly with the state’s hands-off approach to Hindu religious endowments (governed by state-specific Acts) or Christian charitable trusts, which retain exclusive denominational control. Such discriminatory singling out of Muslim institutions violates the equality clause (Article 14) and perpetuates an asymmetrical application of secularism, reducing it to majoritarian appeasement.
Tuesday, 18 March 2025
Arbitrary Arrests of Mahbubul Hoque Expose Politically Motivated Legal Persecution
The repeated arrests of Mahbubul Hoque, Chancellor of the University of Science and Technology Meghalaya (USTM), in early 2025 reflect a glaring pattern of procedural abuse, jurisdictional overreach, and politically motivated harassment, rather than a legitimate legal process. While the allegations against Hoque— primarily centered on unproven claims of exam fraud at a CBSE-affiliated school in Assam— remain conspicuously unsupported by publicly disclosed evidence, the actions of Assam authorities violate fundamental legal principles, including due process, presumption of innocence, and protection against double jeopardy.
1. Procedural Irregularities and Abuse of Process:
Hoque’s arrests follow a troubling pattern of legal arbitrariness. After his initial arrest on February 21, 2025, the Gauhati High Court granted him bail on March 3 in one case, only for Assam Police to keep him detained under a second FIR from Sribhumi. When the High Court granted bail in the second case on March 12 and explicitly barred his arrest in three additional FIRs, Sonitpur Police circumvented the court’s order by filing a new case on March 14, ensuring his continued custody. This cycle of “arrest-on-bail” demonstrates a deliberate strategy to weaponize the legal system. Legal experts argue that such serial FIRs, filed across disparate districts (Gossaigaon, Kokrajhar, Barpeta, Sonitpur), constitute a blatant misuse of power to harass rather than investigate.
2. Politically Charged Rhetoric Undermines Rule of Law:
Assam Chief Minister Himanta Biswa Sarma’s inflammatory rhetoric—including baseless accusations of “flood jihad” and calling Hoque a “big fraud”— has irreparably prejudiced the legal process. Sarma’s unsubstantiated claim that USTM’s construction caused flash floods in Guwahati is not only scientifically absurd but also emblematic of a broader campaign to vilify Hoque and delegitimize USTM, a Meghalaya-based institution. His threats to bar USTM graduates from Assam government jobs further expose a retaliatory agenda, conflating governance with vendetta. Such statements, made by a sitting CM, violate the rules of propriety and principles of judicial independence, effectively turning state machinery into a tool of political persecution.
3. Lack of Evidence & Jurisdictional Overreach:
Authorities have failed to produce credible evidence linking Hoque directly to exam malpractices. The allegations hinge on vague claims of “financial corruption” and student coercion, yet no forensic audit, paper leaks, or student testimonies have been disclosed. Meanwhile, the jurisdictional validity of Assam’s actions is questionable: the Central Public School in Patharkandi is part of Hoque’s ERDF network, which operates across multiple states. By contrast, Meghalaya CM Conrad Sangma has reaffirmed USTM’s legitimacy, noting its NAAC accreditation and recognition by the UGC, underscoring Assam’s overreach into educational matters beyond its purview.
4. Systemic Violation of Constitutional Safeguards:
The rapid filing of FIRs across districts mirrors tactics of “forum shopping” to deny Hoque access to a fair trial, infringing on Articles 14 (equality before law) and 21 (right to liberty) of the Indian Constitution. Legal scholars emphasize that bail should be the norm, not the exception, in cases lacking concrete evidence. Hoque’s prolonged detention without trial—coupled with the Assam government’s refusal to comply with High Court restraints—signals a collapse of constitutional governance.
5. Interstate Political Tensions:
The stark contrast between Assam’s punitive actions and Meghalaya’s defense of USTM highlights the arrest campaign’s politicized nature. Sarma’s targeting of Hoque aligns with longstanding tensions between Assam and Meghalaya over territorial and administrative autonomy, reducing law enforcement to a tool of regional rivalry.
Conclusion: A Dangerous Precedent:
The persecution of Mahbubul Hoque represents a flagrant assault on judicial integrity and educational autonomy. Rather than upholding justice, Assam’s actions reflect a politically orchestrated effort to silence a prominent minority educator and undermine a neighboring state’s institution. Civil society, legal bodies, and national authorities must condemn this abuse of power, demand immediate transparency in investigations, and reaffirm the constitutional rights shielding citizens from state-sponsored harassment. Until credible evidence is presented, Hoque’s detention must be recognized for what it is: arbitrary, illegal, and a threat to democracy itself
Sunday, 2 February 2025
Breathe right
just breathe right
and survive the night.
the sun setting down,
over the mountain crown,
means it will be light,
just after the night.
the darkness does never,
it doesn't last forever.
it is the morning
that comes after the mourning.
the darkness and the coldness
will be replaced by light and freshness.
just breathe right
and survive the night.
there it is life in the morrow
an end to all misery and sorrow
death and decay will be away
and democracy will rule the day.