Bhanwari
Devi Rape Case in the Liberal Democracy of the Indian State-Dr.Suryaraju
Mattimalla
Here I want to talk about the judiciary and
its important role in upholding brutal violence against the most vulnerable
sections of society in general and third world societies in particular, where
caste, race, ethnicity, and religion rule. The class theory of Marxism would be
irrelevant in caste, race, ethnic, or religious-based societies, and states.
Where caste-based rule does not exist, Marxism is irrelevant. is very important
in the West. Third-world societies, particularly South Asian and neighboring societies,
as well as Japanese societies, are based on caste, race, untouchability, and
religion, and Marxism, Communism, or any elite ism would not work in any
violence.
Now
I want to focus on how Indian society and its institutions, mainly the
judiciary, play a very significant role in upholding hegemonic ideology against
every moment of humiliation, degradation, persecution, repulsion, reduction,
and rejection of untouchable castes by local confirmation powers. We have
local, regional, national, and international configurations of powers that are
known as Hindus, Sikhs, Buddhists, Jains, Parsis, or Muslims to uphold
thousands of years of Manu-smriti ideology against untouchables of their
societies. Manu-smriti is written by Manuvu, a Brahmin by caste, thousands of
years before Benito Mussolini and Adolf Hitler.
The
Brahmin Manuvu laid the foundation stone of brutal genocidal persecutions
against untouchable castes, sexual minorities, women, children, dwarfs,
critics, science, equality, freedom, liberty, freedom of expression, freedom of
choice, or in present terminology, the universal declaration of human rights.
Benito Mussolini and Adolf Hitler were just agents of the age of Brahmin
ideology. White supremacy and western racism are both manifestations of age-old
Manu-smriti. They are just by-products of Hindutva’s Brahmin Aryan ideology. His
symbol is the Swastika. Manuvu or Brahmin or Pundit was the first lawmaker and
giver by separating humans into untouchable and touchable humans, or higher
humans and untouchable humans, or brutal ideology, etc. This is the status quo
of caste-based societies.
After thousands of years, Muslims and the British ruled India, but they
never changed the status quo of untouchable caste status. Moreover, colonial
rulers had legally established caste hierarchies with the blessings of their
equal Brahmin advocates. Dr.B.R.Ambedkar, an untouchable caste Mahar, with his
Colombia University and London School of Economics Ph.D. degrees, tried to
change this status quo of untouchable castes, but he also brought them back to
the Hindutva fold with his incarnation of Buddhist ideology. Buddhism is
another form of Hinduism. Hence, both ancient lawgiver Manu and modern lawgiver
Dr.B.R.Ambedkar put the status quo of untouchables in their place. Ambedkar and
Manuvu used different religious identities to enslave untouchables, despite
having the same ideology. Ambedkar’s Buddhism is a new wine in an old bottle.
Ambedkar is a staunch Hindu practitioner, so one can’t expect miracles from
him.
After gaining
independence from the British, India established its institutions to govern its
caste-based society without offending the feelings and sentiments of its
majority religious population. The practice of caste system, untouchability,
racism, exclusion, xenophobia, degradation, repulsion, rejection, reduction,
rape, lynching, killing, Devadasi system, forced arranged marriages, spiritual
fascism, yoga, meditation, vegetarian ideology, dowry system, female
infanticides, honour killings, Devadasi system, forced arranged marriages,
spiritual fascism, yoga, meditation, vegetarian ideology, dowry system, female
infanticide.
In the contemporary period of India, open caste practices,
untouchability, honour killings, humiliation, social boycott, maiming for life,
institutionalized untouchability, discrimination, caste-based bullying, caste
slurs, racial slurs, gang-raping, massacres, lynchings for eating cow meat,
exclusion, isolation, separation, humiliation, etc are tried to be challenged
by untouchable caste people in the judiciary. The Indian judiciary, from local
courts to the Apex Court of India or Supreme Court of India, is filled with
heavy practitioners of Justices, Advocates, Lawyers, Jurists, Counsels, etc.
Every judge is part and parcel of Hinduism and its ideology.
When a Hindu
practices open untouchability, casteism, racism, violence, hate, rape, killing,
etc. against untouchables, the untouchable never treats them as equals with
them. Instead, he is ready to go to court since he knows that the Indian
Judiciary is nothing but a Hindu judiciary where Hindu knowledge minds are
sitting, monitoring, and implementing Manu-smritis ideology against
untouchables. An ordinary Hindu never compromises with the Constitution of
India in terms of treating untouchables as equal to him. He is ready to go to court
instead of accepting equality as a human being. A Hindu never agrees that an
untouchable is equal to him. He is ready to spend money on courts, lawyers,
fees, etc. to show that even the judiciary never agreed to equality of
untouchables on par with Hindus. The Indian judiciary upholds caste-based
vertical hierarchies when they deliver justice, where untouchables lose every
case where they want to treat them equally with Hindus. A Hindu Justice would
never remove an untouchable from his position.
If
an untouchable caste person challenges a Hindu in a local, regional, national,
or municipal court, district court, high court, or supreme court, the judges
start questioning an untouchable victim by saying, "How come an
upper-caste Hindu can rape an untouchable woman since touching an untouchable
is not our culture?" For example, Bhanwari Devi, an untouchable illiterate
woman, was gang-raped by 5 Hindu men after killing her husband in Rajasthan a
quarter-century ago and went to the High Court and Supreme Court of India where
Brahmin judges ruled that it is not a Hindu man's culture to touch an
untouchable, thus she was not touched by any Hindu, so the rapists were
released. This is a controversial judgment of the
Indian judiciary. How do we understand the pathetic condition of untouchables
in the hands of civil, state, judiciary, bureaucratic, and parliamentary
bodies?
How to understand an untouchable lawmaker who is selected by people to
refuse to sit in a chair in front of a Hindu lawmaker with a fear of life
threat many times? How to understand a Hindu judge who purified a seat after
the retirement of the chief justice of India, who is untouchable by caste? How
to understand an Indian state and its Brahmin priest who purified Rashtrapathi
Bhavan after the President of India retired from the rank of the first person
in India who is untouchable by caste? If this is happening to the untouchables
who are holding high positions in Indian society, one can understand the
pathetic condition of the untouchables. How do we understand
this spectrum of caste systems, untouchability, and racism that are produced by
the Hindu religion?
Let me conclude by
arguing that India will never accept the universal declaration of human rights
in terms of untouchable castes as long as the Hindu religion exists. There is
no question of equality in front of the moral law in a morally-less Hindu
community.
References:
https://en.wikipedia.org/wiki/Bhanwari_Devi
https://www.bbc.com/news/world-asia-india-39265653
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