"How dare the Delhi police enter Kerala House in search of beef?" This is a question that is resounding all over the country. Most surprisingly, even the Prime Minister's Office, which normally does not comment on controversies, is asking the same question. Apparently, the Prime Minister's Office has shown its annoyance over the police action and
sought a report on the issue. The Chief Minister of Kerala, Oommen Chandy, has written a letter to the Prime Minister, angrily demanding action against erring police officials. The media is also hounding leaders with the question - is serving beef illegal or not? Meanwhile the Delhi police chief BN Bassi is trying to hide behind the Delhi Agricultural Cattle Preservation act 1994.
There is no denying the fact that beef has become the most contentious issue now. In beef, the Rashtriya Swayamsewak Sangh or RSS and its associates have found a new issue to polarize society on religious lines and spread their ideology of hate. It is being argued that it is the fringe elements who are doing the mischief, so why should the RSS be blamed? My argument is simple - the RSS does not openly support these acts of vandalism, pays lip service by saying that such an act should not happen, and in the very next second, each and every one of its members uses a big BUT and lashes out against those who object to beef vandalism. Speaker after speaker spits venom on those who criticize beef vandalism, be it the killing of Mohammad Akhlaq in Dadri or the raid on Kerala House. Moreover, an attempt is being made to brand those who criticize beef vandalism as anti-Hindu, anti-religion and anti-national. Beef has become a test of patriotism.
There is a design, a method to this madness. It's a part of a bigger game plan. The protection of the cow is a facade, an excuse to target the minorities of the country. They know they can't directly attack Muslims and Christians as was done by the RSS's second chief Guruji Golwalkar in his book
Bunch of Thoughts, written just after Independence, in which he wrote that there were three enemies of India - Muslims, Christians and communists, in that order. Therefore, now they take a detour and beef fits perfectly into that as the popular perception is that it is Muslims and Christians who are beef-eaters. Over a period of time, with material enlightenment, beef consumption has spread to other religious communities and a large section of the so-called upper caste Hindus also relish beef, but it is the Muslims and Christians who have been stereotyped and stigmatized by the RSS Parivar.
It's a theatre of exclusion which is being aggressively pursued by the RSS Pariwar. Had their intentions been genuine, the cow would be the most safe and protected animal in India, but cows in the 21st century in India are living in the most pitiable condition. They are left to fend for themselves on the roads and die eating plastic. Every now and then, such cows meet with accidents on the road. This would not be the case if the RSS and its affiliates were so concerned about the well-being of the cow. But the fact of the matter is that the cow has become a stick with which to beat minorities, traumatize them and exclude them from the national mainstream in attempts to subjugate them to second-rate citizens. The most unfortunate part is they have their own government at the centre and in a few states, and such elements know that the state will not act against them as the state itself is an active member of this conspiracy.
Most unfortunately, some members of the professional bureaucracy are also willing accomplices, some due to an ideological affinity, and some to further their career and gain post-retirement benefits. Delhi Police Commissioner BN Bassi is one such an individual. He is to retire in February; he is desperate to find a job after retirement. He knows that Mr. Prime Minister has a soft corner for bureaucrats who are willing to dance to his tune. This is known as the Gujarat model in political corridors. I can't imagine that the Delhi Police, usually oblivious to crime in the capital, has become so prompt that a call on emergency line 100 brings a contingent of police personnel to Kerala House to search for beef. This raid was not only unwarranted but also illegal.
Beef has been served in Kerala House for decades, and never has any objection been raised. The Delhi Police Commissioner should have known this before sending his force in. Secondly, as per the Delhi Agricultural Cattle Preservation Act 1994, the authority to enter such premises and seize food items lies with the Delhi Government and not with the Police. According to Section 11 of this Act, the Police can enter only with the permission of the competent authority of the Delhi Government (the Director of the Animal Husbandry Department). Here the Delhi Police did not bother to seek permission from the Delhi Government, their entry is an illegal act, and a case of trespassing should be lodged against police personnel.
The Delhi Police Commissioner has lied to the nation. He held a press conference on the night of October 27 and misquoted the 1994 Act to justify its action. Such a high official is not expected to lie under oath and mislead the nation. He should be sacked. An official of his standing is supposed to take punitive action against his force if the law is broken, not justify the violation. But if the action was undertaken on his instructions to please his masters, then it is another matter altogether.
The police's violation tramples upon the spirit of the constitution. Federalism is the basic feature of the constitution and one of the pillars of Indian democracy as defined by the Supreme Court. Every state has its offices in such houses in Delhi which work as an extension of the state government. A senior IAS officer, with the designation of the Resident Commissioner, liaisons on behalf of the state government. And as per democratic tradition and well-settled convention, the police can enter such state houses only with the permission of the Resident Commissioner. The police just can't barge in at some flimsy pretext. No wonder the Kerala Chief Minister has written an angry letter to the Prime Minister as the Delhi Police reports directly to the union government. The Delhi government has no jurisdiction over the police.
Condoning the police act in this case will jeopardize the centre-state relationship; The Indian constitution very clearly talks about the Union of the states and very clearly defines the roles of the centre and of states, and excepting the emergency provision, the centre can't usurp the state's power. There was no emergency situation here and no emergency provision was invoked.
If Indian democracy is to survive, it has to respect diversity. Organisations like the RSS and bureaucrats like Bassi should realize that. Reinhold Niebuhr has well said, "Man's capacity for evil makes democracy necessary and man's capacity for good makes democracy possible." Let's makes democracy possible, not necessary.
(Ashutosh joined the Aam Aadmi Party in January 2014.)Disclaimer: The opinions expressed within this article are the personal opinions of the author. The facts and opinions appearing in the article do not reflect the views of NDTV and NDTV does not assume any responsibility or liability for the same.