New Delhi: The Supreme Court said on Tuesday that it won’t reconsider its 1995 judgment in which it defined Hindutva a “a way of life and not a religion.”
The SC’s statement came on a plea filed by activist Teesta Setalvad who wanted the court to reconsider that judgment even as five states head to the polls next year. Her plea was to not only redefine Hindutva, but also to ban its use in elections.
Setalvad’s plea also came in the context of the top court already examining a politically explosive question arising out of a separate plea filed in 1990. That question is – Will a religious leader’s appeal to his followers to vote for a particular political party amount to electoral malpractice under Section 123 of the Representation of People Act.
The SC said today it is not examining the larger issue of whether Hindutva means Hindu religion, and whether the use of Hindutva in elections is permissible. The 7-judge SC bench said it is examining a nexus between religious leaders and candidates and its legality under Section 123 (3) of the Representation of People Act.
The ambit of Section 123(3) of the Representation of People Act, provides for the disqualification of a candidate, if he, or any one on his behalf, is found “promoting or attempting to promote feelings of enmity or hatred between different classes of the citizens of India on grounds of religion, race, caste, community or language, for furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate”.
The 1990 plea the SC is considering is to do with the Maharashtra assembly polls where Shiv Sena and BJP candidates allegedly used two speeches by Bal Thackeray and Pramod Mahajan – both now deceased – to seek votes in the name of Hindutva and the Hindu rashtra. Petitions were filed against many winning candidates of Shiv Sena and BJP in 1990 and the Bombay HC disqualified them.
On appeal, the SC reversed the judgments in all but two cases. One was later dismissed but the other was kept pending.
(Agencies)
