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Jungle Raj Instead of Rule of Law

Jacob Peenikaparambil Jacob Peenikaparambil
07 Apr 2025

Alongside the rise of "bulldozer justice," "crowd justice" has also become the new norm in many states governed by the Bharatiya Janata Party (BJP). Higher-ranking officials threatening members of minority communities with punishments outside their legal authority is yet another aspect of this disturbing trend. Continuing demolition of houses and properties of persons who are merely accused in cases by the BJP state governments without following due process despite the stern and clear guidelines issued by the Supreme Court amounts to contempt of court and violation of the Indian Constitution. Is this not jungle raj?

A profoundly troubling video was circulated on April 1, showing Catholic priests and laypersons being assaulted by Hindutva extremists in Jabalpur on March 31. According to Fr Suresh Mathew, the former editor of Indian Currents, a group of Catholic pilgrims from Mandla Parish were on a pilgrimage to various Catholic churches in Jabalpur as part of Jubilee 2025. However, their journey was disrupted when they were stopped by members of the Bajrang Dal and taken to the Omti police station. Though they were later released, they were stopped again at another church and taken to the Ranchi police station in Jabalpur.

The situation escalated when Father Davis, Vicar General of Jabalpur, and Father George T, diocesan procurator, arrived to provide assistance. In the video, extremists, including women, are seen physically assaulting the priests in the presence of police officers. The crowd is shown arguing with the police when they freed the priests and the pilgrims. As per the information shared by Fr Suresh Mathew in Catholic Connect on April 1, Rashtriya Swayamsevak Sangh (RSS) distanced itself from the violence, stating that it did not condone such actions. An investigation is reportedly underway, with police promising to take action against those responsible. However, despite the seriousness of the incident, it was not covered by any major newspapers.

As reported by the Free Press Indore edition on March 30, 2021, a group of protesters from right-wing Hindutva organisations smeared black ink on the face of Damoh's Chief Municipal Officer (CMO), Pradeep Sharma, on Saturday, March 29, 2021. The protesters accused Mr Sharma of removing religious flags from Ghanta Ghar (Clock Tower) ahead of the Navratri festival and demanded his removal from office.

The controversy began the previous day when Hindutva organisations attempted to place religious flags at Ghanta Ghar. Municipal employees reportedly stopped them, citing instructions from the CMO. In fact, the officer was simply performing his duty, as placing religious symbols on a government building violates the secular principles enshrined in the Indian Constitution.

What was truly astonishing was the response from BJP leaders holding constitutional positions. Rather than condemning the incident, State Minister for Tourism and Culture, Dharmendra Singh, criticised the removal of the flags and called for action against the CMO. Shockingly, even the opposition Congress party failed to condemn the unlawful actions of the crowd, taking matters into their own hands.

Another incident widely covered by the media involved Shiv Sena workers from the Shinde faction vandalising the Habitat Studio in Mumbai on March 23, 2025. This was the venue for stand-up comedian Kunal Kamra's new show, Naya Bharat, which aired a video of Kamra's performance on March 23. According to media reports, while Kamra did not directly mention Eknath Shinde, the workers accused him of calling Shinde a "gaddaar" (traitor), referring to Shinde's 2022 split from Shiv Sena that led to the collapse of the Uddhav Thackeray-led government.

In this case, neither the Chief Minister nor other state ministers condemned the violence perpetrated by Shiv Sena workers. Instead, they were quick to target Kamra, filing three First Information Reports (FIRs) against him. Kamra had to seek interim anticipatory bail from the Madras High Court. Although twelve individuals were arrested for their involvement in the violence, they were later granted bail.

Media reports indicate that Kamra has faced sustained efforts to intimidate and silence him, with threats of physical harm and even death arriving via various social media platforms, emails, and his mobile phone. Despite this growing pressure, Kamra has refused to back down. In a statement, he declared, "I will not apologise or hide under the bed. It is not against the law to poke fun at leaders and the circus that is the political system."

Another alarming development has been the actions of officials threatening people with punishments they have no authority to impose. The role of the police is to maintain law and order, investigate, and file cases against individuals who break the law—not to punish them. Leading up to Eid-ul-Fitr, the Uttar Pradesh Police issued advisories violating natural justice principles and the Indian Constitution. According to The Indian Express, Meerut's Superintendent of Police, Ayush Vikram Singh, warned that individuals offering prayers in the open during Eid would face prosecution, and their passports and licenses would be revoked. This action is utterly condemnable, as the police have no authority to impose such punishments or take suo motu actions. We have never witnessed the police issuing such threats during other religious festivals, such as Durga Puja, Ram Navami, Ganesh Chaturthi, or the Kanwar Yatra.

The UP Police's high-handedness was seen earlier in a statement from SP Krishan Kumar Bishnoi in Sambhal: "People can offer prayers at their houses, but they should be careful that there is no untoward incident." Similar statements from other senior officers in UP have further exacerbated concerns. These officers, speaking the language of divisive political leaders and applying laws in a discriminatory manner, violate the rule of law.

As academic and activist Apoorvanand points out, what Hindutva organisations once did on their own is now being done by state administrations and police forces. Instead of promoting unity between Hindus and Muslims, these authorities are sowing division. Alongside Hindutva leaders, these officers are fostering fear among Hindus, creating the false impression that Hindus are under threat.

The incidents outlined above clearly violate the rule of law. The rule of law dictates that all individuals, regardless of their position or power, are equal before the law. This includes lawmakers and those entrusted with implementing laws. Equal access to legal remedies is also a critical element of the rule of law. It is the bedrock of democracy, and in the Indian context, it is a foundational principle enshrined in the Constitution, which guarantees justice, equality, and liberty for all citizens. The rule of law ensures that citizens can live and work safely and be protected against any arbitrary actions by the state or non-state actors.

Since 2014, the rule of law has been increasingly violated in two primary ways. First, little to no action is taken when BJP leaders or individuals affiliated with the Sangh Parivar make hate speeches, even those that incite violence. Second, rapid and severe actions are taken against individuals who criticise BJP governments or the Sangh Parivar. For example, former Union Minister Anurag Thakur made a public statement in Delhi, saying, "desh ke gaddaaron ko… goli maro saalon ko" ("shoot the traitors of the nation"). This statement, made during widespread protests against the Citizenship Amendment Act (CAA), was widely seen as a call for violence. Legal experts believe it incited violence, and the subsequent riots in North East Delhi were attributed to this kind of rhetoric. However, no action was taken against Thakur.

In contrast, comedian Munawar Faruqui spent 35 days in jail in 2021 for allegedly "hurting religious sentiments." Although a Hindu mob had disrupted his show before he even began performing, he was denied bail by the court.

These instances reveal a selective application of the law, wherein the administration punishes critics and shields the real culprits. Right-wing organisations play a significant role as intermediaries in this system. They engage in violence against religious minorities and government critics, with the legal system often filing cases against the victims.

It appears that mainstream media has failed in its role as the fourth pillar of democracy, often neglecting to bring the truth to the public. Against this backdrop, enlightened citizens must speak truth to power and demand that the government adhere to the rule of law and the Indian Constitution.

The Catholic Bishops' Conference of India (CBCI), in a statement on April 1, strongly condemned the attack on priests and pilgrims in Jabalpur. It denounced the incident as part of a troubling pattern of targeted harassment and violence against the Christian community. "This is not an isolated event but a deliberate strategy to create communal polarisation and hostility towards religious minorities," stated the CBCI.

However, the Church leadership has not taken appropriate steps to respond to attacks by right-wing Hindutva organisations, which are often tacitly supported by local authorities. It hasn't developed a strategy involving all stakeholders to confront the attacks by the Hindutva forces. Some statements from Kerala bishops even give the impression that they support the BJP government at the Centre. A unified response from the bishops of India is urgently needed to confront the anti-minority policies of both the BJP-led Central government and state governments. A divided Church may face a fate similar to that of Christians in Manipur.

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