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This is an archive article published on March 15, 2008

SC warns of growing intolerance

In a society seemingly touchy about one’s religion, the Supreme Court on Friday made a case for tolerance...

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In a society seemingly touchy about one’s religion, the Supreme Court on Friday made a case for tolerance and respect for the sentiments of others. “India is one nation, and people must respect each other and should have tolerance,” the court said while upholding the Gujarat Government’s decision to close down all slaughterhouses in the state during the nine-day festival observed by the Jains.

Noticing growing levels of intolerance amongst people about anything under the sun, a bench comprising Justices H K Sema and Markandey Katju viewed it as “dangerous tendencies” which must be curbed with an iron hand. “These days, unfortunately, some people are willing to protest, often violently, about anything under the sun on the ground that a book or painting or film has hurt the sentiments of their community,” it observed, referring to some recent controversies on wide-ranging subjects like a book on the life of Shivaji by a US author or even the latest film Jodhaa Akbar.

“In a multi-cultural society like ours with such diversity, one should not be over sensitive and over touchy about a short restriction when it is being done out of respect for the sentiments of a particular section of society,” noted the apex court.

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Justice Katju, who authored the judgment, explained how India is “not an association or confederation of states and there is only one nationality that is Indian.” “Hence every Indian has the right to go anywhere in India, to settle anywhere and work and do business of his choice in any part of India, peacefully,” he said.

Referring to Mughal emperor Akbar’s life, “who gave equal respect to people of all communities and appointed them to the highest offices on their merits irrespective of their religions, caste, etc”, the court proved how it was “absolutely essential” to have respect and tolerance for all communities.

The famous policy of Suleh-e-Kul — universal tolerance of all religions and communities — declared by emperor Akbar was extolled. The bench remembered how Akbar had abolished Jeziya in 1564 and pilgrim tax in 1563 on Hindus besides permitting his Hindu wife to continue to practise her own religion. Former prime minister Pandit Jawahar Lal Nehru’s appreciation of Emperor Akbar also found a mention in the judgment.

The court said it’s the Indian Constitution “which is keeping us together despite all our diversity, because the Constitution gives equal respect to all communities, sects, lingual and ethnic groups in the country”.

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Maintaining that banning slaughterhouses for a few days in Gujarat will not make meat traders suffer so much, the bench noted that even non-vegetarians could remain vegetarians for a short period.

The ban was ordered by Ahmadabad Municipal Corporation for nine days between August 19 and 26, 1998, in connection with the Paryushan festival observed by the Digambar sect of the Jain community.

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