The Court said that the petitioner is reexamining the past selectively and also took objection to terming an entire community as barbaric.
“You are relooking at the past selectively. India is today a secular country. Your fingers being pointed at a particular community, termed barbaric. Do you want to keep the country under boil,” Justice Joseph remarked.
Pertinently, the bench remarked that Hinduism is a great religion and it does not allow bigotry.
“Perhaps Hinduism is greatest religion in terms of metaphysics. Please do not belittle it. The world looks to us always. Even today. I can say, I am a Christian but am equally fond of Hinduism and have tried to study it. Try and understand its greatness. Do not use it for a particular purpose,” Justice Joseph said.
“That is why it a way of life, does not allow bigotry,” Justice Nagarathna weighed in.
“In fact, in Kerala where I come from, Hindus have donated land to churches,” Justice Joseph said.
Justice Nagarathna said that the country is facing so many other problems which should be first solved.
She also highlighted the divide and rule policy followed by the British to ensure that Indians kept fighting amongst themselves.
“Our country has so many problem to attend to … Hinduism is a way of life, because of that India has assimilated everybody. Because of that we are able to live together. Divide and rule policy of British brought about schism in our society … Let us not bring that back. Do not drag a religion into this,” Justice Nagarathna said.
The Court also said that it has been settled by the Supreme Court in past judgments that India is a secular country and a nation cannot remain a prisoner of its past.
“We have to bear in mind that this Court dealing with the matter under Article 32 that the Court is tasked with enforcing fundamental rights. India, that is Bharat, in terms of the preamble is a secular country. this has been upheld by 9 judges. A country cannot remain a prisoner of the past. India is wedded to the rule of law, secularism, constitutionalism, of which Article 14 stands out as guaranteeing both equality and fairness in state actions,” the bench said.
Source: Barandbench
