India
is a land of bewildering diversity. It is a conglomeration of people,
cultures, languages and religions. In the words of Octavio Paz, renowned
Mexican poet and Nobel Laureate, "India is an ethnographic and
historical museum, but is a living museum-one in which the most modern
modernity coexists with archaisms that have survived for millennia."
India's diversity is also reflected in the coexistence of sensuality and
asceticism, carelessness and efficiency, gentleness and violence,
centuries apart in time and neighbours in space. In short, India is a
reality that is far easier to delineate than to define.
India is a kaleidoscope. You touch
it and there is a new combination of shapes and colours. It depends on how
you look at India. There are certainly the deficit sides, provoking shock
and depressions. The bright sides far outweigh the deficit sides enticing
romanticism and enthusiasm. Let me elaborate a bit how different societies
have resolved, or sought to resolve, the problem of heterogeneity. The
Anglo-Americans resolved it with the "melting pot"— the fusion
of all the races, languages, and cultures into one, under the authority of
the same laws and the same language, English. All the ethnic minorities in
the US (with the exception of a handful of Mexicans) speak English : all
enjoy certain constitutional rights, and all are believers in the
"American way of life" (though no one knows exactly what that
means). The minorities do not have separatist movements.
India, on the other hand, is not a
melting pot; it is a mosaic. Here is a country which is a host to all the
conceivable religions and ways of life— Hindus, Muslims, Christians,
Sikhs, Buddhists, Jains, Jews Zoroastrians — some of which were born on
this land and others were brought in by trade contracts and the successive
political and cultural invasions. They all were assimilated by the people
of India. India's linguistic diversity is equally bewildering. The fact
that as many as 1,652 languages and dialects are spoken in India is a
proof for the country's amazing diversity. India has 18 officially
recognised languages. While Hindi is the official language of the Indian
Union, English is an additional official language.
India has followed a principle of
"unity in diversity". This unity is based on democracy,
federalism, tolerance and secular character of the state. Many societies
have sought to hide their diversities and refuse to accept their
heterogeneity and have paid a high price. The post-Cold War world has seen
the disintegration of some states which were, though federal in
appearance, non-democratic to the core. The key to India's success as a
federal democracy is the recognition of its diversities. Acceptance of all
religions and different ways of life is the cornerstone of India's
civilisational heritage and polity. India is not one civilisation but
multiple. One has nursed the other. The most extreme form of monotheism
has coexisted with the most varied polytheism as well as atheism. Are
India's multiple religions occupying a single territory, or are multiple
religions nurtured by a single civilisation? It is impossible to say.
As far as the question of religious
minorities in India is concerned, the Indian Constitution has provided a
paradigm which has worked well. The preamble to the Indian Constitution
says that India is a secular state. Right to freedom of religion is
guaranteed under fundamental rights and Indians of all religious
persuasions have the freedom to profess, practise and propagate their
religion. India's freedom movement provides insights into how the main
pillars of the Indian Constitution - democracy, secularism, social justice
and fundamental rights were forged over a period of time. The freedom
movement forged unity among various groups living in isolation. The
underlying message of the freedom struggle under Gandhi was that no group
was privileged even if it happened to be in huge majority and that
minority groups - religious, linguistic, socio-cultural — would be
protected against majoritarian agendas.
Way back in 1930, India's position
on the minorities has been formulated. The position taken by the leaders
of the freedom movement was : "There can be no stable equilibrium in
any country so long as an attempt is made to crush a minority or force it
to conform to the ways of majority... We in India must make it clear to
all that our policy is based on granting this freedom to the minorities
and that under no circumstance will any coercion or repression of them be
tolerated". Mahatma Gandhi's secularism came to represent the
confluence of several religions what someone called a "federation of
religions". Gandhi's politics was fully secular and his basic appeal
to the people was made on economic, political and moral grounds and never
on religious grounds. For centuries India has subscribed to the policy of sarva-dharma-sambhava
(goodwill and tolerance towards all religions) which is a Vedantic
concept. Tolerance for other faiths and ways of life and recognition of
diversity form the core of secularism. India is secular because the
people, its culture and national ethos are secular. Secularism is India's
manifest destiny.
Article 29(1) of the Indian
Constitution lays down that "Any section of the citizens residing in
the territory of India or any part thereof having a distinct language,
script or culture of its own shall have the right to conserve the
same." This constitutional provision has two dimensions. One, it
recognizes that different groups have different cultures; that these
linguistic and religious cultures are valuable for their members; that
members of minority cultures can face disadvantages in a majoritarian
society and that, therefore, these members need to be given explicit
rights to their own culture. Secondly, the right to culture is an
individual right i.e. individuals are granted the right to their culture.
No provision is made for those cases where the culture itself may be under
threat of dissolution or where it may be subjected to calls for
assimilation. Despite this drawback, this Article along with Article 30
which guarantees that all religious and linguistic minorities are given
the right to establish and administer educational institutions of their
choice, constitutes cultural and educational rights. These two Articles
have to be read along with Articles 25 to 30 that grant the freedom of
religion in order to comprehend the range of protection afforded to
religious groups.
While India continues to be a
secular republic, secularism to some has become a supremely contested
concept. On the one hand, supporters of secularism argue that the Indian
state has not been secular enough and that the state has pitched its stand
in favour of the majorities. On the other hand, critics of secularism
accuse the state of practising pseudo-secularism and of pampering the
minorities. The failure of the state to enact a uniform civil code is
cited as an example of this amoral pampering. The balance-sheet of Indian
secularism is, however, very positive.
The minority rights in India have
been historically determined. More importantly, these rights have been
enshrined in the Constitution. This is not to say there are no conflicts
between the majority and the minority groups. India has witnessed several
inter-religious riots, especially between the Hindus and the Muslims. To a
great extent, these riots are the result of Partition of 1947 based on the
flawed two-nation theory and the apparent conflict of perspectives between
the secular model and the theocratic model. Riots are
also politically engineered socio-economic conditions to account for
religious animosities. The rise of fundamentalism too has sought to create
a religious divide. But the Indian state is secular to the core, so are
state institutions— the judiciary, the press and the civil society. Take
the question of Kashmir. While the world community is worried about the
continuing tensions between India and Pakistan over Kashmir, not many are
aware that the issue is not so much one of territory, but the conflict
between the two diametrically opposed models of government that the two
countries represent - theocracy versus secularism. In the secular model,
no official religion exists as a state policy. Religion forms the social
framework in civil society.
India's linguistic diversity is even
more bewildering. As per the 1961 census, there were 1652 mother tongues
in India. At least 200 of these had 10,000 or more speakers each. At that
time India's population was roughly 400 million. India's languages can be
grouped into four
different families each of which has its own evolutionary history and
distinctiveness. These are the Sino-Tibetan, the Austro-Asiatic, the
Dravidians and the Indo-Aryan. The language issue in the 1950s and 1960s
threatened to tear apart the national fabric. Linguistic movements in
various parts of the country posed a serious threat to India's unity and
integrity. But the problem was solved amicably. The recognition of all
major Indian languages as national languages and the reorganisation of
Indian states on a linguistic basis resolved the issue to the satisfaction
of all.
Language became the key to
statehood. In the 50s and 60s, India appeared to be on the verge of civil
war over language. The first clearly successionist movement emerged in
Tamil Nadu in reaction to perceived imposition of Hindi. However, the
Indian State recognised the importance of regional languages and showed
sensitivity towards the linguistic nationalisms. When the states were
reorganised on linguistic basis, some feared that it would lead to
disintegration. Such fears were unfounded. Today, language is no more an
issue.
The Indian example can be
instructive for the newly emerging states, which are wrestling with a
variety of problems including linguistic. As I mentioned earlier, India
has 18 officially recognised languages. These languages are included in
the Eighth Schedule of the Constitution, while there are 96 non-scheduled
languages. Speakers covered by the schedule languages constitute 96.29 per
cent of the population. Have a look at the Indian currency notes. All the
18 official languages are printed on the currency. In order to promote and
recognise the importance of the language in a particular part of the
country, India has established the dominant language of the region as the
language of formal education and administration. In political terms, this
is an unprecedented development in Indian history. It has brought about
political and cultural unification. India's language policy has improved
the rate of bilingualism. The rate of national average of bilingualism in
1961 was 9.7 per cent. In 1991, it rose to 19.44 per cent. The national
average for trilinguism is 7.26 per cent.
Federalism provided institutional
solution to intra-societal conflicts and tensions in pluralistic and
multi-cultural societies. While it strengthens national coherence, it
accommodates and protects diversities within societies. Federalism
provides fundamental respect for diversity of cultures, languages, laws
and ways of life. Federalism also accommodates multiple identities and
loyalties within a state. In the modern age, few countries are neatly
filled by homogenous groups of people. But others are a diverse cocktail
of people. As we are all aware, the post-Cold War world is witnessing two
seemingly contrary trends-emergence of supranational entities and the
assertion of separate identity. Federalism is, therefore, more relevant
today than ever before.
Coming back to the Indian
experience, we have now moved from one-party rule to the coalition era.
India itself is a coalition. The smaller parties represent different
values, demands and aspirations of the people. The shift from dominant
party to multiparty politics has undone the centralising thrust of the
Indian Constitution. The 73rd and 74th Amendments to the Constitution have
further given a new meaning to Indian federalism.
A de facto third tier of
governance, with a wide democratic base, has come into existence in the
country. Till the passage of the 73rd and 74th Amendments, Parliament and
Assemblies of the state and union territories of India had about 4963
elected members but today, every five years, more than three million
people's representatives are being elected by this democratic process. Out
of this, over one million are women. A large number of excluded groups and
communities are now included in the decision-making bodies.
This marks a qualitative change in
the federal character of the Indian Union. Each state has become a
federating unit with three layers below it - district, block and village.
This is a unique federal feature. An organic link in the democratic
process has been established from Gram Sabha (village assembly) to Lok
Sabha (Parliament). India has moved from administrative federalism to
multi-level federalism.
I would like to end by quoting Prof
Susanne Rudolph and Prof Lloyd Rudolph : "In thinking about something
with which to compare India's federalism, the multilingual European Union
seems more appropriate than does the United States. Much like the English
and the Italians, the Hindi speakers of Bihar state in the shadow of the
Himalayas and the Tamil speakers of Tamil Nadu at the subcontinent's
southern tip speak quite distinct languages. They share little history and
few points of contact. Their traditional rulers, legends and folk cultures
are distinct from one another. Their socio-economic profiles are as
different as those of Sweden and Portugal. Bihar is poor and mostly
illiterate. Tamil Nadu is prosperous and advance. No contrast between any
two of the 50 US states comes anywhere close. Forty years ago, there
seemed good reason to fear that Selig Harrison was right to warn that
India's "fissiparous tendencies", particularly its linguistic
differences, would soon lead to Balkanisation or dictatorship. Today such
worries seem unpersuasive. The federal system has helped India to live
peacefully with its marked difference."
(based on the presentation made by the
Defence Minister at the International
Conference on Federalism at St Gallen,
Switzerland on August 29 last.)