The Calcutta High Court’s order on Thursday, observing that the West Bengal government of Chief Minister Mamata Banerjee cannot impose restrictions on immersion of Durga idols on Muharram, will certainly embolden the Sangh Parivar at a time when the weeks preceding the celebrations have been fraught with tensions between the BJP and the TMC over the former’s bid to communalise the festive occasion in West Bengal.
A few weeks ago, when the Bengal BJP sought to whip up a social frenzy by proclaiming that its activists would display traditional weapons on Bijaya Dashami processions – unheard of during puja celebrations in the state – it was a bid to provoke the Muslims who carry swords to mark Muharram.
Clearly, the BJP and its Sangh affiliates were encouraged by the processions it organised during Ram Navami when young men and women and school-going boys and girls marched in formation, armed with tridents and swords.
When it got away with this provocative act, it sought to up the ante: challenge the TMC and provoke the minority community on one hand, while giving a clarion call to its supporters in Bengal that turning slightly militant would only polarise the electorate to its benefit.
On the defensive because of the BJP’s pressure tactics, the TMC leadership, which has not shied away from pandering to Bengal’s large Muslim minority, took the decision to prevent the immersion of Durga idols beginning 10 pm on 30 September (Dashami) and throughout 1 October (Muharram).
Communal Amity Far From Achieved
The Calcutta High Court, however, did not cover itself in glory when, on 20 September, while hearing arguments involving three petitions against the Mamata government’s decision, it made little attempt to conceal its observations while hearing the parties to this contest, which has more to do with political mobilisation and posturing than any great love or affection for the goddess.
What is surprising is that the judges presumed that the TMC government was out to “create a line (division)” between Hindus and Muslims.
The state government took an administrative decision based on its fear, real or perceived, that there could be a breach of peace between Hindus and Muslims if immersion and Muharram processions were allowed on 1 October, especially in a politically charged atmosphere that the BJP was primed to take advantage of in a state where it is seeking a toe-hold.
While Hindu-Muslim peace has generally prevailed in West Bengal during Durga Puja festivities, of late, a number of clashes between the two communities have given rise to sufficient grounds for deepening inter-group suspicions.
These cleavages have either been politically engineered or sharpened with the objective of taking political advantage.
The communal disturbances in Basirhat in July, preceded by Muslim mob violence in Malda a few months ago, are clear signs that communal amity is far from achieved.
Clashes between Hindus and Muslims, on occasions when Dashami and Muharamm were observed on or around the same day, were not unknown even during the rule of the Left Front which often swore by its USP of communal harmony in Bengal.
Now, Who Will Take The Rap?
And yet today, the High Court judges, led by acting Chief Justice Rakesh Tiwary, asked the state government, “Why create a wedge” if the “two communities are in harmony”?
Now that the High Court has removed the restrictions on idol immersion, who will take the rap if there is a breach of peace when Dashami revellers and Muharram mourners cross each other’s paths, especially with the Sangh affiliates having openly called for their supporters to arms themselves with swords and tridents?
A more reasoned order/comment, grounded in justice and equity, was expected of the judges.
A more telling question is whether the Calcutta High Court steered clear of the state government’s domain of maintaining law and order and did not act in a way that could be perceived to have violated the principle of separation of powers.
West Bengal Advocate General Kishore Dutta argued on 20 September that since “public law and order and other administrative issues” fall under the state government, it could “regulate a religious congregation or procession”.
Mamata Lobs the ‘Responsibility Ball’ Back to the High Court
It would have been a mark of greater judicial maturity had the judges directed the Sangh affiliates and/or the petitioners to observe full restraint while taking out or leading Dashami or immersion processions, and instructed the police to pull out all the stops to maintain peace and harmony.
Maintaining law and order is the state government’s prerogative; the court need only have satisfied itself of the police arrangements to prevent any disturbance.
Predictably, Mamata Banerjee lobbed the “responsibility ball” back to the High Court, saying that her government could now not be held responsible if there was a breach of peace either in Kolkata or any other part of the state.
The judges of the Calcutta High Court should know that mischief-makers belong as much to the TMC as the BJP and these unsavoury characters will only follow their political bosses’ instructions – for a price.
Bengal Experiencing a ‘Pale and Exhausted’ Secularism
On her part, Mamata, who has of late been trying hard to placate Bengali Hindus with a different brand of patronage politics – including making Bengali the medium of instruction in government schools – will be treading on thin ice if she ramps up the appeasement of Muslims. This is a state where there has been an increasing tendency on the part of a section of Hindus to view the BJP as an institutional and ideological alternative, or at least as a strong opposition.
The BJP has sensed the TMC’s anxiety at a time when Bengal – till a few years ago a cradle Hindu-Muslim amity – is experiencing, like other states, a “pale and exhausted” secularism.
She must show – and show credibly – that her slogan of “Ma, Mati, Manush” was not mere rhetoric and empty bombast.
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