India: Constitution, Government and Hindu
December 5, 2025
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Home Bharat

India: Constitution, Government and Hindu

India's Constitution, crafted in 1950, serves as the foundation of the country's democratic framework, establishing the principles of justice, equality, and liberty for all citizens

Rajat BhatiaRajat Bhatia
Nov 26, 2024, 12:30 pm IST
in Bharat, Opinion
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Even after a long time in independent India, the followers of Indian religions have not yet got the opportunity to share their pain. Because we were told that Hindus are the majority in India, how can they have such pain? After facing the religion-based partition of our holy land Bharat in 1947, the Hindus were made to understand that being the majority in India is itself a sin, for which every continuous effort will have to be made to repent for the security and respect of the minorities. For which two assurances were given in the form of the Constitution – first, political appeasement for the minorities and second, judicial discrimination against Hindus in an unconstitutional way.

Soft attitude on the movements like Khilafat and Moplah genocide, the terrible amendments of the state and the center, the school curriculums, Haj subsidy and the Prime Minister saying that the minorities have the first right on the resources of the country etc. are some examples of ideological differences which may seem constitutionally correct but are very harmful for social harmony.

The population of Muslims is only 15%, yet in the last 10 years, 31.3% of the houses given under the housing scheme, 33% of the funds received under the Kisan Samman Nidhi scheme and 36% of the loans under the Mudra scheme have gone to Muslims.

Government control over Hindu temples

The main scam in any of the major scams of independent India is the government control over Hindu temples and property. The principle of secularism – religion should not interfere in the matters of governance. Likewise,  the governance should also not interfere in the matters of religion. The word secular was not used anywhere in the constitution by Bharat Ratna Dr. Bhimrao Ambedkar, the architect of our constitution, rather this word secular was added by the then Prime Minister Indira Gandhi during the Emergency, as a result of which the process of legal interference and control over the religious places of worship of Hindus increased. Hindu temples of India are the bridge Of nationalism, so every foreign invaders and  power tried to harm the nation of India by breaking this bridge.

The governments of only 10 states have control over 1,10,000 Hindu temples. Temple trusts in Tamil Nadu own 4,78,000 acres of temple land. The Tamil Nadu government alone controls 36,425 temples and 56 monasteries, while the same figure in Karnataka is 34,563. The Communist government in Kerala has five Devaswam boards – Travancore, Guruvayur, Cochin, Malabar and Koodalmanikyam. The Communists, for whom religion is nothing but opium, have taken control of a total of 3058 temples and board members. Every year, an administrative fee ranging from 5 per cent to 21 per cent is charged in the name of auditing Hindu temples.

According to social activist and lawyer TR Ramesh, the Tamil Nadu government’s income from 2.44 crore square feet of temple land should be at least Rs 6000 crore annually, but it is only Rs 58 crore, which is less than 1%. The property of temples is auctioned by the government as per its convenience. The attacks on temples have morphed into direct attacks on Hindutva.

The irony is that those who mock India as a Hindu Rashtra are silent on the issue of government control over Hindu temples. Hindu temples cannot spend on Veda Pathshalas, schools, colleges, universities etc. because certain articles of the Constitution do not permit it.

Right to Education Act

In 2009, the Congress-led UPA government introduced the RTE Act whose preamble says, “To provide free and compulsory education to all children in the age group of 6 to 14 years.” There are many provisions under RTE that selectively apply only to schools of non-minority group  If a school wants to admit a child under RTE, it cannot screen the child. Privately run Hindu educational institutions are required to reserve 25 per cent of seats for children from economically weaker sections and other disadvantaged groups. It is assumed that, according to RTE, the responsibility of serving the economically weaker sections of our society lies only on Hindu society and Hindu-run schools, not on Christian and Muslim-run institutions.

In 2017, the National Independent School Alliance (NISA) prepared a list of schools in 12 states, which were closed by the governments for not following the strict rules of RTE. In Maharashtra, the stronghold of the Hindu Empire established by Chhatrapati Shivaji Maharaj, about 7000 schools were asked to be closed.

Article 30 of the Constitution gives “the right to all minorities, whether based on religion or language, to establish and operate an educational institution.” That is, the majority community in the state which is a minority in the country can operate its own educational institutions. Example – Muslims in Kashmir, Christians in Nagaland etc. are in majority in the respective states, RTE will not be binding on all of them.

Social activist and lawyer Ashwini Upadhyay ji filed a PIL demanding that Hindus should be declared a minority in the states where they are in minority. The states where Hindus are in minority are Jammu and Kashmir(28.44%),  Mizoram(2.75 per cent), Arunachal Pradesh(29 per cent ), Manipur(31.4 per cent), Punjab(38.4 per cent), Nagaland (8.75 per cent), Meghalaya(11.53 per cent), Ladakh(12.1 per cent) and Lakshadweep (2.5 per cent).  But the central government group dismissed the petition as frivolous and supported it by the National Commission for Minority Educational Institutions, whose Act covers only Muslims, Christians, Jains, Sikhs, Buddhists and Parsis in the list of minorities. More cruel than the control over Hindu temples is the Hindus not being allowed to run their own educational institutions without fear of interference and control.

Silence on Kashmiri genocide

After the repeal of Article 370, the number of tourists in Kashmir is skyrocketing, income is increasing. But the terrorism in Kashmir is targeting the local Hindus there and not the tourist Hindus. They want Hindus to flee from here and come as tourists and leave by paying a lot of money but Islam should remain on this land.

According to government data, after the 1991-92 massacre, 62,000 families fled from Kashmir, whose total refugee number is 5,00,000. But according to the Home Ministry, only 17 per cent of the houses promised to Kashmiri Hindus were built last year. Only 5928 Kashmiri Hindus could get employment under the Pradhan Mantri Rozgar Yojana.

Syed Shah Gilani was responsible for the communal fanaticism, religious riots and mass massacres in Kashmir in the 90s. His books were read to directly launch jihad against Kashmiri Hindus and encouraged Pakistani and Afghan Muslims to participate in the jihad in Kashmir. The central government has many times shown love to people with such poisonous mindset and their parties, be it Congress or BJP.

Where a country is busy in its own world for almost three decades and about 5,00,000 Hindus have been made refugees on its own land. What kind of a country is this where 57,000 infiltrator Rohingya Muslims are settled in Jammu and Kashmir but 5,00,000 Kashmiri Hindus from there cannot be sent back to their homes? Should all this happen to Hindus in a Hindu nation which is  based on the population of a majority community?

Uniform Civil Code

The Constitution and law of India are the same fir all in criminal matters. The Indian Penal Code and the Criminal Procedure Code punish the criminal without any discrimination so that the  judicial equality is established in the nation. But in personal matters, the thinking and nature of the court is different. The court can interfere in the family matters of Hindus but cannot interfere in the family matters of Muslim, Sikh, Christian, Parsi communities.  There is a personal law system for all minority communities, in which their civil issues like divorce, property, family disputes etc. are resolved but the court likes to enter the houses of the majority community i.e. Hindus. A law has also been made on how many children a Hindu can have or how many marriages he will have, but where children are the karma of the Almighty, there is no restriction on the number of children and marriage.

Hindus also choose the time for the worship method but if someone worships on any communal day whenever he wants, then no court has any objection to it. The court has no objection to anyone’s bloodshed festivals but the court remembers to give all its knowledge only on Hindu customs and festivals.

Summary

The court can behave alienatedly only towards the majority Hindu community of India because they believe that this community will never block the roads, protest or riot for their rights, but they do not say anything about any other community because the court is also well aware of their reality. Rashtriya Swayamsevak Sangh chief Dr. Mohan Bhagwat says why should we look for Shivling in every mosque? He said this when Shivling was found in Gyanvapi mosque. I, personally disagree with this because his such view is insulting to all those people who are engaged in correcting the historical injustice through the judicial system. The BJP’s central government, which was going to give the slogan of ‘Sabka Saath, Sabka Vikas’, has got a good lesson in the mandate of 2024 and has told them to trust the original local residents of India and work for their benefit so that the society can give them an absolute majority. This time the central government should do everything to give the Hindu community the right to be a respected citizen in India so that the only Hindu country in the world can protect its religion by promoting its culture and education because India is a nation only if there is a Hindu majority in the country, otherwise many termites are ready to hollow out the social harmony of Bharat

Topics: HindusArticle 370Constitution Day
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