The statement of Karnataka Chief Minister Basavaraj Bommai in the Assembly not to allow Muslim vendors near temples to set up stalls during religious festivals, has come under fire from lawyers and street vendor associations who have called it discriminatory and social apartheid. The All India Lawyers’ Association for Justice criticised the Karnataka government for economically boycotting Muslim businesses by acting on popular morality and not constitutional morality and for misinterpreting the law. Recently, the Chief Minister had backed his Ministers in the Legislative Assembly, when they cited the provisions of The Hindu Religious Institutions And Charitable Endowments Act of 2002, to claim that non Hindus could not be allowed to set up shops near Hindu temples during festivals and that they would not interfere with it.
The All India Lawyers’ Association for Justice has listed out many instances in the past few weeks where temples across the state have barred non-Hindus from participating in temple festivals and fairs. Mahalingeshwara Temple in Puttur District of Dakshina Kannada has barred Muslims from participating in the auction for the annual festival that is scheduled to begin on April 20, Hosa Marigudi temple in Udupi district stopped Muslims from taking part in an auction held on April 18, while in Bappanadu Sri Durgaparameshwari temple in Dakshina Kannada, a hoarding stated, “People who don’t respect the law or the land and who kill the cows that we pray and who is against the unity will not be allowed to do business. We will not allow them to do business. Hindu is aware.”
The statement also points out that many temples have cited pressure faced from Hindutva groups for banning non-Hindus from putting up stalls, including the organisers of the Basaveshwara temple festival in Nelamangala. “Justifications invoked by the temples of pressure from Hindutva groups is nothing but vigilantism that is taking the law into its own hands to deprive communities of their rights. By permitting only Hindu businesses to vend and by discriminating against Muslim businesses, what is being caused and perpetuated is an economic boycott against the Muslim community. This economic boycott is in direct violation of Article 15 of the Constitution which prohibits discrimination on the grounds of, inter alia, religion,” the statement said.
The statement also criticised the Karnataka government’s stand in the assembly that Rule 31(12) of the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997 does not allow non-Hindus to carry out business around the premises of Hindu religious institutions and called it untenable. “The said rule is delegated legislation under the 1997 Act, which deals in immovable property belonging to, or given, or endowed to the institution. This cannot at all be said to govern public property through which jathras or processions pass,” the statement read.
It also pointed out that the Supreme Court has recently stayed a judgment by the Andhra Pradesh High Court at Amaravati relating to a similar provision in the AP Charitable and Hindu Religious Institutions and Endowments Immovable Properties and Other Rights (other than Agricultural Lands) Leases and Licences Rules, 2003. The High Court had upheld the rule, the Supreme Court however stayed the judgment.
The final point raised by the statement is that the interpretation of the Act ‘opens up a dangerous can of worms’. “The definition of ‘Hindu’ for the purposes of the 1997 Act, excludes Buddhists, Sikhs and Jains. Therefore, all persons who are Muslims, Christians, Buddhists, Sikhs and Jains would be excluded from vending around Hindu temples. Our country is governed by constitutional morality and not by popular morality. Thus, it is clear that the constitution contemplates the rule of law, in which the morality of the constitution cannot be sacrificed for social morality and pressure from Hindutva groups.”
The All India Lawyers’ Association for Justice has asked the government to ensure that Muslims and persons of all religious communities are not discriminated against and that criminal action is taken against the organisations indulging in an economic boycott of Muslim businesses.
Meanwhile, the Federation of Street Vendor Unions of Bengaluru, have protested against what they called a ‘communal assault on the livelihood of street vendors in Karnataka.’ Criticising the attempts of the Vishwa Hindu Parishad to pressurise various temple managements to ban non Hindu traders from setting up their shops during temple fairs, annual festivals and religious festivities, the Federation in a press release stated, “The various statements made by Ministers of the BJP state government clearly show that they are complicit in this demand of the Sangh Parivar against street vendors. While the state government has failed to protect the livelihood of street vendors from various threats, these organisations are attempting a communal onslaught on the street vendors and their livelihood, making their lives precarious.” Further the Federation stated that they were resolute in stopping and resisting any communal agenda from being spread in their name.