J&K HC slams use of terms like ‘Hindu nationalist’

The Jammu and Kashmir High Court has said that using terms like ‘Hindu nationalist’ and ‘Muslim nationalist’ is “antithesis and abhorrent to the Constitution of India.

Written by Mir Ehsan | Srinagar | Published: October 13, 2013 3:25:19 am

The Jammu and Kashmir High Court has said that using terms like ‘Hindu nationalist’ and ‘Muslim nationalist’ is “antithesis and abhorrent to the Constitution of India and people who call themselves Hindus nationalist,Muslim nationalist,etc… are against the very thought of India”.

Hearing a petition by Sanjay Tickoo of the Kashmiri Pandit Sangharsh Samiti for the protection of religious shrines in Kashmir that belonged to migrants,the single Bench comprising Justice Muzuffar Hussain Attar said that in our constitutional scheme,a citizen of India is only an “Indian”.

“Constitution of India does not recognise Hindu nationalism,Muslim nationalism,Sikh nationalism,Buddhist nationalism or Christian nationalism,” the judgment said.

“The constitutional provisions in loud,clear and unambiguous terms,forbid using of such expressions. A person,who persists with the use of such expressions and believes in such a thought has to be dealt with and proceeded against in accordance with the mandate contained in the Constitution and other laws of the land,” the judgment said. “These expressions or thoughts are antithesis and abhorrent to the Constitution of India.”

Justice Attar further observed that in India,forces can be bracketed into two groups — “Indians” who are for India and “communals /extremists” who are enemies of the country.

The judgment also said that fringe elements who take cover behind various ‘isms’ apart from ‘Indianism’ pose a threat to the existence of the idea of India.

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