Disposing of a petition filed by Kashmiri Pandits seeking protection of their religious places, Justice Muzaffar Hussain Attar of Jammu & Kashmir High Court observed on October 12 that it appears that “in terms of Constitution of India, which guarantees all the rights, which include right to practice and profess one’s religion and faith, there was no requirement of bringing in expression ‘secularism’ in the preamble of the Constitution. “India is not a Hindu, Muslim, Sikh, Buddhist or Christian India. It is India which is born from the bosom of unrelenting struggle of millions of people,” the judge said.
The Court directed the Centre and Chief Election Commissioner to act against politicians who seek people’s mandate in elections by invoking religious nationalism, to prevent them from subverting the Constitution of the country. “In our Constitutional philosophy, there is only one ‘ism’ that is Indianism. All other isms are sworn enemies of Indianism. Any person claiming to be Hindu nationalist, Muslim nationalist, Sikh nationalist, Buddhist nationalist or Christian nationalist is not only working against Indianism but against the very thought of India,” Justice Muzaffar Hussain Attar said in a landmark judgement.
This expression has evoked sharp reaction from a section of population and divided people of the country into different pigeon holes of different ‘isms’. A very serious and potential threat is posed to the very existence of the idea of India by the fringe elements, who take cover under various types of ‘isms’ other than Indianism.
The court directed all constitutional authorities and the Union Government to ensure that anyone attempting to subvert Constitution of India is stopped by taking recourse to the provisions of the law.