Thursday, 27 June 2019

The Constitution Of India Is More Powerful Than An AK47!


by
Dr. P.S. Sahni



Image courtesy: The Statesman


In such troubled times
More so than at any time in the past
The Constitution of India shall be our shield
Against all oppressive/repressive acts


Of communal/caste/racial hatred or bias
On religious minorities/subordinate castes/tribals
On women/LGBTQIA community/differently abled
And on workers/farmers/toiling masses

I shall stand up for my constitutional rights
And of those less privileged
And shall always carry the Constitution (pocket sized)
In my right hip pocket

Rather than the kirpan as dictated by my faith
Since one sees religion no more
Than a personal equation with a Creator
And that’s all to it for me

Shall not use this document
To ‘shoot anyone from the hip’
But only to use it as a shield
Against all onslaughts

My non-violence will go beyond
The Gandhian concept of non-violence
Which allows exceptions in rare circumstances
However one shall always be non-violent till one’s end

Buddha’s non-violence inspires me but more so Mahavir’s
So too, Nanak’s Sufism
All these three – Buddhism, Jainism, Sikhism
Constitute the three rebellions against the then established order

The myriad diktats constantly being bombarded –
What to eat/what to wear/whom to marry
With violators qualifying for lynching,
Criminal assaults, public humiliation

Of being made to feel as second class citizens
Of day to day insecurity in all aspects of life
And externment from the local community
Even threats of deportation to a neighbouring country

The use of draconian laws stands perfected –
UAPA, NSA, PSA and provisions of IPC/IT Act
As also filing cases of defamation/sedition
Against those struggling for justice

Would the people submit to authority
Or would the people remember
The time tested tools for bringing about a change
Nay, a Sampoorna Kranti?

Then Paash’s poem “The Most Dangerous” shall reverberate all around
Coalitions, alliances, networking of organizations
Of workers, farmers, students, academicians
Poets, writers, artists, journalists, individuals

The good old struggle, mass mobilization, resistance and protest
Dharna, rally, hunger strike, satyagrah,
Court arrest, jail bharo,
Would get tested all over again

One remembers the slogan one had heard
For decades after independence
“Hindu Muslim Sikh Isai
Aapas me sab bhai bhai”

The bourgeois press would continue
To dole out party propaganda
About raids conducted by police
In houses/offices of activists

Where the only documents recovered
Would be copies of Constitution of India
Could this be adjudged prima facie incriminating evidence
For charges of sedition/anti-national activity to be proved?

But what if the Constitution is amended
And the words “secular”, “socialist” deleted
And its spirit all through made secular & socialist – mukt
Through brute majority in Parliament

Then the agents of PIL industry
Would move the apex court
What if the judiciary were to rule
Through a Constitution Bench of more than thirteen judges

That the basic structure of the Constitution has not been destroyed
By the constitutional amendment
Though de facto it would mean
That Kesavananda Bharati stood overruled

Would the usual sequence unfold –
Popular protests, mass arrests,
FIRs and disappearances
No bail or relief through habeas corpus?

If so then the charge sheet prepared by the police
Would be more voluminous than the Constitution
As one would confess voluntarily to have
Demanded implementation of every right guaranteed to all citizens

In prison one would still ask for a copy of the Constitution
Since the pocket sized Constitution would have
Been confiscated by the investigative authorities
During custodial interrogation or upon entry into the prison

Arun Ferreira wrote in his book
“Colours of the Cage - A Prison Memoir”
That a copy of the Constitution was denied to him
By the jail librarian for the reason – that it is too bulky!

If convicted and jailed and awarded capital punishment
Then unlike Udham Singh I would not spit on the judge
Who pronounces the judgement
Since for me spitting on a fellow human being is a violent act

Rather I would respectfully bow my head and accept the verdict
I would not plead for mercy
Since you don’t ask for mercy
When you have done no wrong

With long years of incarceration in jail
Successively in anda cell
Waiting for execution in solitary confinement/death row
And cut off from developments outside the jail

When the D-day arrives
The last wish before the hangmen puts
The black hood over the head
And tightens the rope noose around the neck

Would be to check if the then Constitution
Still retains the words “secular”, “socialist”
Or worse has the Constitution been replaced
By an ancient document!

[On 25th June the Internal Emergency was formally imposed in India in 1975.]

First Published in Countercurrents.org: https://countercurrents.org/2019/06/the-constitution-of-india-is-more-powerful-than-an-ak47

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