Notions of justice are derived from the prevailing ethos of society. Did you know there are slaves in Sir Thomas More’s Útopia? And their chains are made of gold? In the real world, rulers are meant to be slaves of the people. And their chains are the law. When elected leaders create their own chain-free Utopia, who will protect the people? The police and the judiciary, of course.
But the official response to the Delhi riots in which both Hindus and Muslims died horribly was predictable. Political leaders are not elected to encourage the mob to take the law in their own hands with cries to shoot citizens. They are meant to wield the social fire extinguisher, not incite 15 crore Muslims to overpower 100 crore Hindus. The police are expected to arrest such violators and the judge to award the punishment mentioned in Section 505 in The Indian Penal Code against (1) Whoever makes, publishes or circulates any statement, rumour or report...(c) with intent to incite, or which is likely to incite, any class or community of persons to commit any offence against any other class or community. Pretty unambiguous.
With its dismal service record in communally incendiary situations, the Indian police rarely obeys its oath as the lawkeeper, since it is the lawmaker’s slave. The police, which rushes to register FIRs against critics of the government, stood by and watched as mobs looted, shot, stabbed and burned people in Delhi; both in 1984 and 2020. The only hope for democracy is the judiciary, though judges do send mothers of little girls who participated in satirical plays to jail. Justice Muralidhar, who noted that “criminals responsible for the mass crimes have enjoyed political patronage and managed to evade prosecution,” ordered Delhi Police to file FIRs against powerful people. Governments, irrespective of party persuasions, are known to protect theirs. He was transferred overnight, though in a strictly legal manner, and the police got a long rope. The judiciary feels its role is limited in controlling riots.
I beg to differ. Should judges send the strong message that anyone irrespective of party, power and pelf will face equal punishment for violating the law protected by the Constitution, the rabble and their rousers will think twice about rioting sprees. The judiciary, which treads boldly in matters which lie in the purview of the executive, has the power to protect democracy. The judiciary alone stands in the way of chaos and bloodshed. Unleash the wrath of the law on anyone who breaks it, and the Indian judiciary will be able to live up to the legacy of the Sinhasan Battisi—Emperor Vikramaditya’s Throne of Wisdom—which endowed divine power on its occupant to deliver justice. Or else the chains of gold will shine brighter in the dark night of shame.
Ravi Shankar
ravi@newindianexpress.com