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Not going by the book

Justice Srivastava seems to have left the sluice gates open by referring to the Gita as the ideal national ‘dharma’ text.

Updated on: Sep 11, 2007 11:46 PM IST
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Making sense of utterances by worthies is part of our job. But we have been left completely stumped by what Justice SN Srivastava of the Allahabad High Court had to say on Monday. What was supposed to be a ruling on the sale of temple properties in Varanasi ended up being an exhortation to make the Bhagwad Gita the “Rashtriya Dharma Shastra” of the country. It’s one thing for Hindutva nutters with little regard for the Constitution and the secular principles of our nation to come up with this idea. It’s quite another for a sitting judge (Justice Srivastava retires later this week) of a High Court to make an observation that not only flouts the professional rule-book but also puts the secular credentials of the judiciary he represents on its head. His convoluted logic was that since India recognised a national flag, a national bird, a national anthem and a national flower, it would be grand to have a national text.

HT Image
HT Image

Justice Srivastava seems to have left the sluice gates open by referring to the Gita as the ideal national ‘dharma’ text. He keeps quiet about whether he defines dharma, in this context, as ‘religion’ or ‘duty’ or both. He has backed his observation by quoting the scripture of secular India, the Constitution, referring to Article 51A. The Article cites the fundamental duties of every citizen of India to “abide by the Constitution and respect its ideals and institutions, the National Anthem and the National Flag”. Among other things, it also states the need to “value and preserve the rich heritage of our composite culture” and to “promote harmony and the spirit of common brotherhood... transcending religious, linguistic and regional or sectarian diversities”. Where does the Bhagwad Gita, or for that matter any text, religious or otherwise, fit into this scheme of things?

 
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