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Supreme Court to continue hearing of 1995 Hindutva verdict

Apex court had said that it won't reconsider 1995 judgment which defined Hindutva as 'a way of life and not a religion'.

By: ANI | New Delhi | Published: January 2, 2017 9:52 am
supreme court, hindutva, teesta setalvad, supreme court hindutva verdict, hinduism way of life, apex court, SC on hindutva Supreme Court of India. (File Photo)

The Supreme Court will on Monday continue its hearing on the Hindutva case which deals with electoral malpractices arising out of its 1995 judgment. Earlier, during the hearing by a seven judge Constitutional bench, the apex court had said that it won’t reconsider 1995 judgment which defined Hindutva as ‘a way of life and not a religion’.

The observations came after an on interlocutory application filed by social activist Teesta Setalvad requested the bench to reconsider the 95 judgment. A seven-judge constitution bench, headed by Chief Justice TS Thakur, said the court will not go into the larger debate as to what is Hindutva or what its meaning is and will not reconsider the 1995 judgment.

The remarks were made by the bench when some advocates sought to intervene in the ongoing hearing which commenced last Tuesday. Setalvad had sought the Supreme Court’s intervention in the matter with an application stating that religion and politics should not be mixed and a direction be passed to delink religion from politics.

The apex court bench also comprised Justices M B Lokur, S A Bobde, A K Goel, U U Lalit, D Y Chandrachud and L Nageshwar Rao. The apex court instead took up a separate plea filed in 1990 whether seeking of votes in the name of religion will amount to a corrupt practice under the Representation of the People Act warranting disqualification.

It may be recalled that the Bombay High Court had set aside the election of Shiv Sena leader Manohar Joshi in the mid-1990s. The matter was then moved to Supreme Court, which in 1995 overturned the high court order saying Hindutva is a way of life.

Since then, the issue was raised in the top court many times, including in 2002 when the court referred the matter to a seven-judge bench for clarity.

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  1. K
    Jan 2, 2017 at 12:47 pm
    Please note that Indian consitution considers hindu faith as a religion.. This case defines the meaning of the word HIndutva only. Let there be no confusion about the religious-status of Hindu-faith. The court verdict never said that hindu-faith is not a religion. The verdict only said that, to determine the meaning of the word Hindutva, the context on which the word was used would also need to be considered. So it is rather a clarification for the meaning of the word hindutva alone. HIndu-faith is a religion. Indian consution has references which considers hindu-faith as religion (25.2.b). Indian laws also considers hindu-faith as religion. SO let there be no misunderstanding. Hindu-faith is clearly a religion... the court only said about the meaning of the word Hindutva alone. Around 100 crore hindus write their religion as HINDU in all their govt records. It is also clealry defined in Indian laws who is a hindu, hindu marriage act 1955, section 2/explanation clearly states who is a hindu.lt;br/gt;files/4.pdf
    1. kevin charles
      Jan 2, 2017 at 6:05 am
      True! Hindutva is a way of LIFEunder which various religions reside. Like Sindhis, Sikhs accept it as a way of Life and not as their Religion! So it ought to be accepted as a way of life of Hindustan..And for Gods sake lets put an end to The British Rule Gimmick of India or Bharat.. Lets restore it to its past Glory b...Startin with naming it to its ORIGINAL ...HINDUSTAN..Jai Hindustan!