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Upholding the rule of law

In arresting Raj Thackeray, the leader of the Maharashtra Navnirman Sena, whose incendiary and chauvinist politics has unleashed violence against ordinary citizens on the streets of Mumbai and other parts of Maharashtra, the ruling Congress-Nationalist Congress Party coalition has shown exemplary resolve in enforcing the rule of law. The descent into an atavistic display of regional chauvinism was the outcome of a cynical attempt by the estranged nephew of Shiv Sena chief Bal Thackeray to retain his ebbing political relevance. The State government proceeded carefully in the matter of effecting the arrests of the MNS leader and the Samajwadi Party leader, Abu Azmi — to ensure that Mr. Thackeray’s followers, already on a course of intimidatory and destructive violence directed at terrified North Indian migrants, would not be allowed to disturb the peace further. By deploying large numbers of police on the streets and rounding up most of the anti-social supporters of the MNS, the Maharashtra government led by Vilasrao Deshmukh signalled its determination not to allow the retrograde forces of regional chauvinism to take the upper hand and overwhelm the decades of cosmopolitan and pluralist coexistence that has made Mumbai one of the world’s truly great cities. The government was clearly mindful of the sense of national outrage at the violation of one of the fundamental rights of Indian citizens, implicit in Mr. Thackeray’s subversive challenge. Article 19(1)(d) of the Constitution guarantees citizens of India the right “to move freely throughout the territory of India” and Article 19(1)(e) “to reside and settle in any part of the territory of India.” Deputy Chief Minister R.R Patil did well to assert, in the face of the challenge, that the rule of law would prevail and that “you cannot change the law or the Constitution by burning a rickshaw or stoning a bus.”

A heartening aspect of this episode was that all major political parties hastened to distance themselves from this chauvinist binge. The BJP, which partners the Shiv Sena in Maharashtra, has been quick to denounce the MNS agitation as unconstitutional. Particularly commendable was the firm and statesmanlike defence of the Constitution by Leader of the Opposition L.K Advani; he spoke up for the constitutional right of every citizen to live and work in any part of India and denounced the MNS-instigated violence, pointing out that such action “weakens our country’s unity and is against the Constitution.” The correct responses of major political parties have taken the wind out of the sails of the clumsy attempt to bring back regional chauvinism as a strategy of political mobilisation.

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