Jyoti Punwani
Sunday, May 08, 2011
Every day, government dignitaries perform bhoomi pujans on public premises. Nobody bats an eyelid. When dalit activist Rajesh Solanki did, he got fined Rs 20,000.
On Gujarat Day (May 1) last year, two of the three highest functionaries in Gujarat – the Governor and Chief Justice (CJ) of the Gujarat High Court — presided over the bhoomi pujan of a new building on High Court premises.
That very day, Solanki — who heads an Ambedkarite organisation called Council for Social Justice — sent off a telegram to the CJ, followed by two letters with copies to the Union and State Home Secretaries.
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| Dalit activist Rajesh Solanki |
Expectedly, nothing happened
Others would have let the matter rest, but not Solanki, who says ‘secularism runs in my blood’. He filed a PIL in Gujarat High Court against the Union of India, the State of Gujarat, the High Court and the Court’s Advocates’ Association, asking that the puja be declared unconstitutional and that directives be laid down to avoid further such violations of the Constitution.
Interestingly, the CJ recused himself from the petition. Girish Patel, one of Gujarat’s best known lawyers and human rights activists, left his sick bed to argue the PIL. At the end of it, Justices Jayant Patel and J C Upadhyay called Solanki’s view ‘pervert’ [sic] and dismissed his petition with an ‘exemplary’ fine.
Stating that the puja was for the successful completion of the proposed building, and for the larger interests of all those who would benefit from its construction, the order defined secularism as based on the principles of ‘Vasudev Kutumbakam’ (the world is one family). Differentiating between religion and ‘dharma’, the judges said dharma meant ‘sarva bhavantu sukinah’ (may everyone be happy).
Solanki moved the Supreme Court, which dismissed his petition last week. This week, he filed a review petition. But why bother? Solanki’s pleasant demeanour hides a depth of outrage. His petition argues that the High Court is the protector of the Constitution, of which secularism is an integral part.
By associating with a Hindu ritual, the respondents violated the basic structure of the Constitution. The petition quotes Gandhi and Nehru on their vision of the secular state, one which would neither associate with religion, nor favour one religion over others.
Additionally, it points out that after the violence in 2002, many non-Hindus in Gujarat lost faith in the secular nature of the State, and this puja proved that Gujarat was non-secular. Advocate Girish Patel argued that if a religious function had to be performed, it should have involved all religions.
Muslims have a similar ceremony called sange buniyad, argues Solanki, while Christians sprinkle holy water on the site. But even the involvement of priests of all denominations would not have satisfied Solanki.
“Since dalits were not allowed into temples or learn Sanskrit, we evolved our own system of pujas with pujaris called Guru Brahmans,” he informs. “After BJP came to power, as part of its samrasta campaign, it started teaching these priests Sanskrit so that they could perform pujas in the vedic manner.
If the court had held a ceremony in which all priests were invited, whom would they have invited to perform the Hindu ceremony? Certainly not a dalit priest! “In fact, this was a brahmanical and casteist act, one in which I as a dalit would not have been able to participate. When a Vedic ritual is performed, the Brahman asks the yajman, ‘What’s your gotra?’ What would my answer be? I have no gotra.
And yet, the Court accused me of filing the petition for ‘extraneous considerations’! Did they even consider my feelings as a dalit? What if the Chief Justice had been muslim? Just because people don’t object, it doesn’t mean they consent.”
Solanki insists he is not against religion. “My mother is a staunch Hindu,” he asserts. “I respect her beliefs, even her superstitions. But if she were the Governor, I would tell her, ‘Go home and perform your puja. This is my country too’.”
Solanki describes himself as a ‘proud Amdavadi’. “My forefathers built Sultan Ahmed Shah’s fort. That’s the reason we are secular,” he says. “And it was for my grandfather that Vasant-Rajab gave up their lives.” Vasant Rao and Rajab Ali, Rashtra Seva Dal volunteers, became martyrs after they sacrificed their lives in 1946 to save Hindus and Muslims from communal mobs during the annual Ahmedabad rath yatra.
“My grandfather was Dudhabhai Solanki, founder of the Harijan Sevak Sangh, and one of the first dalit industrialists. His house was being attacked by Muslims when Vasant-Rajab rushed to save him. They lay down their lives for us, now it’s my turn.”
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