My defense of Dr SwamyPosted: October 4, 2011
An FIR has been filed against Dr.Subrahmanian Swamy for what he wrote on DNA op-ed titled “How to wipe out Islamic terror”. He was criticized by many secular and leftists outfits and even a petition against him was filed in Harvard where he is teaches for summer school. The Harvard rejected the petition and now has invited Dr Swamy to teach there, next summer. Dr. Swamy who is on a crusade against all 2G scamsters had already hinted that the corrupt may plan to arrest or file an FIR against him on the grounds of that article, and that has happened last evening when Delhi Police which is under the direct control of Home Minister. This comes a day after Dr. Swamy hinted that Robert Vadra is his next target.
Dr Swamy called this FIR against him foolish. Examining his tweets as replies to many of his followers reveals how he will argue the case. He said “Patriotic tweeters can learn some law by researching what are the ingredients of IPC Sections 153A&B, 295A, and 505 and compare with DNA” also asked people to go through Nehru 1948 speech, and also argued why not Quran and Bible not be banned on the same grounds. This article of mine is an attempt to form an argument on the defence of Dr. Swamy.
It seems like the FIR was filed against him quoting following sections of Indian Penal code..
153A : Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony whoever By words, either spoken or written, promotes or attempts to promote, on grounds of religion, race, place or birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities, or
153B: Makes or publishes any imputation that any class of persons cannot, by reason or their being members of any religious, racial, language or regional group or caste or community, bear true faith and allegiance to Constitution of India as by law established or uphold the sovereignty and integrity of India, or
295A. Deliberate and malicious acts, intended to outrage religious feelings or any class by insulting its religion or religious beliefs. — Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of 2[citizens of India], 3[by words, either spoken or written, or by signs or by visible representations
505: With intent to incite, or which is likely to incite, any class or community of persons to commit any offence against any other class or community.
Let me start my argument by exposing the timing of the FIR.
For the sake of argument let us first presume that Dr. Swamy wrote an “inflammatory” article, after July 13 Mumbai blasts which was carried out by Islamic terrorists. But the fact is that it was not on July 17th that this opinion of Dr. Swamy got published in a national English daily. In fact, The Indian express on May 31st 2010 carried a similar article, titled “How to wipe out Islamic terror: The Moment of Truth Has Arrived”. Also he has spoken many a times in various functions the same words what he has wrote , and that would have reached more than an English daily in India can reach. So the point is, Dr Swamy, has wrote and spoke, which we presume is an inflammatory article, many times in the past. The question which arises when we realize this fact, is that why no FIR was filed against Dr Swamy for the article he wrote on May last year? Does the delhi police or any one concerned, think Indian Express do not have much audience like DNA? Or was the article or speeches did not contain any words which Swamy has used in the present inflammatory article. So let me first of all, state without any doubt, that the timing of this FIR has more to do with events going on now in political circles. Not many days ago, Dr Swamy in Supreme Court argued against Mr. Chidambaram, the Home Minister, on his role in 2G spectrum scam, and the case is to continue on October 12th. Also this FIR comes a day after media and public at large came to know about Dr Swamy’s letter to prime minister, on prosecuting Sonia Gandhi, UPA chief. It needed only 24 hours for Delhi Police, to file an FIR, for an article written about a couple of months ago, when they heard Dr Swamy said to media that Robert Vadra is his next target. So this exposes the Delhi Police and those who control them.
Let me argue now, Why only Dr Swamy ?
This time too, let us not stop presuming that Dr. Swamy wrote an inflammatory article, but let me quote some other people who have said more which adversely affect the unity and integrity of India. Let me start with Arundathi Roy who at the convention on “Azadi–The Only Way” sharing the stage with hardline Hurriyat leader Syed Ali Shah Geelani and pro-Maoist leader Vara Vara Rao, said “Kashmir has never been an integral part of India. It is a historical fact. Even the Indian government has accepted this.” This statement was made in the capital city of India, and only after court’s intervention Delhi police charged an FIR. Arundathi Roy is not yet arrested and still she speaks at various functions for Kashmir Azadi. Agnivesh, MF Hussain, Geelani, etc are many among the few who has insulted Hindu faith but no action was taken against them.
Now let us keep the individuals away, and have a look at article 295A and 505 in context of religions, viz Islam and Christianity. There was a case registered against Koran, in Kolkata, long back, in which the petitioner called it a book which spread terror against Hindus. Many statements in Koran are explicitly against the Hindu faith and culture. I may quote a few to substantiate what I said.. “2/39 and those who disbelieve and deny our signs – those will be companions of the Fire; they will abide therein eternally.” And also “3/28 Let not believers take disbelievers as allies rather than believers.” Also much used quotes by terrorists across the world “And when the sacred months have passed, then kill the polytheists wherever you find them and capture them and besiege them and sit in wait for them at every place of ambush” is from Koran. So either Koran should be edited thoroughly as it spreads enmity or is a source of spreading hatred in the minds of people, both Hindus and Muslims. Many Hindus and Muslims too are killed in the name of Islam, so , if Dr. Swamy article invite an FIR, then we will also have to reintroduce the forgotten Calcutta Koran petition. The Christianity by engaging the acts of conversion, invites riots and clashes between tribal community, while Indian muslims are brainwashed by Wahabi Islam which is not much different from any other Islam.
Now, About Swamy’s article, is it inflammatory ?
Let me show you why Section 153 A (Promoting enmity between different groups on grounds of religion) , cannot be applied in Dr Swamy article FIR. Swamy uses “Hindus” and “muslims” but, he explicitly wrote what he mean by “Hindu”. He has included millions of muslims, under this name when he says “If any Muslim acknowledges his or her Hindu legacy, then we Hindus can accept him or her as a part of the Brihad Hindu Samaj (greater Hindu society) which is Hindustan. India that is Bharat that is Hindustan is a nation of Hindus and others whose ancestors were Hindus”. Hindu is not defined in a religious way, but in a geographical way, just like the historic judgment of Supreme Court, Hindutva is not about religion, it is not communal, it is nationalism. History teaches us about the attempts made by Islamic rulers, to islamise India, although they failed to much extent. The atrocities by Babar, Aurangazeb and even Akbar, itself is a proof of how Hindus had to suffer under Islamic rule. So these two well defined facts 1) Hindutva , is not in a religious context and 2) Islamic terrorism was, is and will be a reality , only rubbishes the charges made against Swamy. In fact Dr Swamy’s article was his opinion on how to fight Islamic terrorism, and every Individual has the right to express his views.
Section 295 A (Deliberate and malicious acts, intended to outrage religious feelings or any class by insulting its religion or religious beliefs.) is another baseless charge. Does the Delhi police or the petitioner, think if someone writes an article against his thoughts on strategy to counter Islamic terrorism, it will be anti Muslim ? Dr Swamy, nowhere tells anywhere in his article, to kill, to cause any injury, to defame, to demolish any mosque. So where did he insult the muslim feelings ?Does insulting the terrorist mean, he is insulting the muslims ? Now there is a propaganda that Swamy asked Hindus to “demolish” 300 mosques. When we read the article carefully we can see the word “removed” and not “demolish” has been used in the article. (Karsevaks demolished, Sardar Patel removed the mosque). Another charge against Dr Swamy is that he said muslims should not be given right to vote. What he said was only this “Others, who refuse to acknowledge this(Hindu ancestry) , or those foreigners who become Indian citizens by registration, can remain in India but should not have voting rights”. Muslims who do not have any roots in India should not have voting rights. This can be his opinion, but most of the muslims in India have Hindu roots, and even Jawaharlal Nehru in his speech in 1948 states this fact. So what is wrong , if a muslim acknowledges Hindu ancestry ?
The other, so called “inflammatory” comments, like on conversion, uniform civil code has also been views of Mahatma Gandhi too. Gandhi was against conversions, and even said, if he had the power,he would have banned it. Uniform Civil code is one of the directive principle of state policy, and also many such points he made was valid points. To conclude, I would like to say, whether this article is inflammatory or not, the timing is much more important. There were no riots or a single violence in the name of this article and that itself proves the charge against Dr Swamy are baseless. This FIR is an attempt by some corrupt people who fear Swamy will expose them. So I request honourable court to reject these charges against Dr Swamy.
Also read.. swamy-called-a-spade-a-spade