June 25, 1975, marks one of the darkest chapters in Indian democracy, when Prime Minister Indira Gandhi declared a state of Emergency, leading to a suspension of Fundamental Rights, widespread censorship and mass arrests. Recently, the Government of India announced that this date will be commemorated annually as Samvidhan Hatya Diwas (Constitution Murder Day). This decision is not just symbolic but serves as a critical reminder of the importance of safeguarding our democratic values and constitutional sanctity.
Murder of Democracy
The relevance of announcing Samvidhan Hatya Diwas cannot be overstated. In a world where democratic backsliding is becoming increasingly common, it is essential to remember and learn from past mistakes. The Emergency period was a blatant assault on the democratic framework of India. By observing this day, we emphasise the importance of protecting our Constitution against any form of authoritarianism. It serves as a powerful reminder to current and future generations about the fragility of democracy and the need for constant vigilance.
Commemorating Samvidhan Hatya Diwas is particularly significant. Historical memory tends to fade over time, and the horrors of the Emergency could easily be relegated to the annals of history without proper commemoration. Many of those who lived through this period are still alive today, and their stories serve as poignant reminders of the sacrifices made to restore democracy. The forced sterilisations, Turkman Gate massacre, and custodial torture and deaths highlight the severe human rights abuses that occurred. These instances remind us of the importance of safeguarding civil liberties and the potential dangers of unchecked executive power. The misuse of constitutional provisions like Articles 352 and 356 to impose and sustain the Emergency underscores the need for vigilance in protecting the Constitution. The mass arrests of political opponents and the censorship of the press exemplify the dangers of suppressing dissent. By officially recognising this day, we ensure that the lessons of the Emergency remain alive and relevant, fostering a culture of democratic resilience and reinforcing our commitment to democratic principles and constitutional governance.
The Opposition’s absurd claim, to counter political dissent, of an undeclared Emergency today is a politically motivated exaggeration that fails to hold up under scrutiny. Comparing the period of 1975 to the last ten years under the current Government reveals stark differences that make such comparisons not only misleading but also intellectually dishonest. During the Emergency, press censorship was not just rampant but total, with newspapers requiring prior Government approval before publication. Today, the media operates freely, and criticisms of the Government are published daily without repercussions. Judicial independence was severely compromised during the Emergency, exemplified by Justice HR Khanna being superseded for his dissenting opinion in the habeas corpus case. In contrast, the judiciary today functions independently, with numerous rulings against the government, demonstrating a robust and impartial judicial system.
Human rights abuses
Moreover, the mass arrests of political opponents without trial during the Emergency have no parallel in today’s democratic setup. During the Emergency, Article 21 (Right to Life and Personal Liberty) and Article 22 (Protection against Arrest and Detention) were effectively suspended, leading to widespread human rights abuses. In contrast, arrests today are made following due process of law, with judicial oversight ensuring the protection of individual rights.
The forced sterilisations, Turkman Gate massacre, custodial torture and deaths highlight the severe human rights abuses that occurred. These instances remind us of the importance of safeguarding civil liberties
The Turkman Gate massacre is a stark reminder of the brutal force used during the Emergency to enforce policies, which saw the demolition of homes and killing of protestors. The dismissal of State Governments under Article 356 during the Emergency, such as those in Tamil Nadu, Gujarat, and Punjab, underscores the misuse of constitutional provisions to stifle political dissent. Articles 19 (Freedom of Speech), 124 and 217 (Judicial Appointments), and 74 and 75 (Council of Ministers) were all manipulated to centralise power and suppress dissent, a stark contrast to the respect for constitutional norms we see today.
Opposition Fails to Condemn
The Opposition’s inability to unequivocally condemn the Emergency raises questions about their commitment to democratic principles. Many Opposition leaders, who were part of the Congress party during the Emergency, have either remained silent or offered weak condemnations. This reluctance suggests a tacit acceptance or justification of those dark times, undermining their current stance on upholding constitutional values. It is imperative to call out this hypocrisy and demand a clear and unequivocal condemnation of the Emergency from all political quarters.
Furthermore, it is perplexing to see parties like the Samajwadi Party and the Rashtriya Janata Dal (RJD), now part of the I.N.D.I. Alliance, compromising their historical opposition to the Emergency for contemporary political needs. Both parties emerged from the political crucible of the anti-Emergency movement, with leaders who vociferously opposed the authoritarianism of that era. Their current alliance with the Congress, which orchestrated the Emergency, indicates a troubling readiness to overlook past atrocities for political convenience. This compromise not only dilutes their foundational principles but also calls into question their commitment to genuine democratic values.
In conclusion, Samvidhan Hatya Diwas is not just a remembrance of a grim chapter in our history but a celebration of our resilience and a reaffirmation of our commitment to democracy. It is a day to honour those who fought against tyranny and to remind ourselves of the importance of protecting our constitutional values. By observing this day, we ensure that the sacrifices of the past are not forgotten and that we remain vigilant in safeguarding our democracy for future generations. The current Government’s decision to commemorate this day is a step towards educating and empowering citizens, ensuring that the Constitution remains the supreme law of the land. n
