Of Subsidies and Politics of “Secularismâ€
I stumbled on this completely by chance over the weekend. Does anyone know what happened to the PIL�referred to in the report below?
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SC stays HC restraint on Haj subsidy (Excerpts; emphasis mine)
19 Sep 2006, Dhananjay Mahapatra,TNN
NEW DELHI: The UPA government’s ‘secular’ credentials came in for embarrassing scrutiny on Monday with Supreme Court interrogating the Centre on whether secularism, a basic feature of the Constitution, allowed it to grant largesse for the annual Haj pilgrimage.
Though a Bench comprising Chief Justice Y K Sabharwal and Justices A R Lakshamanan and C K Thakker asked the uncomfortable question, which could provide fodder to opposition BJP, it granted immediate relief to the Centre by staying the Allahabad High Court’s interim order restraining the government from subsidising the Haj pilgrimage.
…The Bench made it clear that the stay of the August 25 order of the HC was only for the November Haj as the Centre is in an advanced stage of preparations, including a series of steps having national and international repercussions.
It also asked the HC to expeditiously hear and decide, preferably before next year’s Haj pilgrimage, a PIL filed by a Shiv Sena activist way back in 1995 seeking a direction to the Centre to stop subsidies for all religious pilgrimages.
When solicitor general G E Vahanvati began arguments assailing the interim order of the HC, the Bench cited the constitutional provision mandating the government not to discriminate on the basis of religion.
“What happened to this secular principle enshrined in the Constitution which the government is bound to follow? Do you subsidise travel of pilgrims to Kumbh melas organised every six or 12 years?” asked the Bench.
Vahanvati cited the examples of the annual Mansarovar and Sabarimala Yatra. He was immediately contradicted by Justice Lakshamanan, who said that he is not aware of any subsidy for the Sabarimala pilgrimage though he was in charge of the temple for some time.
The Bench said providing special trains would not come under the subsidy category as the passengers pay for their travel.
It asked: “The Kumbh mela takes place once every six or 12 years. Except for making provisions for maintaining law and order and hygiene, tell us whether the Centre gives concessions in terms of fares in trains or buses.”
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Full story here: http://timesofindia.indiatimes.com/articleshow/2004091.cms
Related Posts: Secularism or Politics of Appeasement, Another fine example of pseudo-secularism and
Govt offers to provide subsidy to all pilgrimage. This is a gimmics from the congress party to circumvent the PIL.
http://timesofindia.indiatimes.com/Govt_ready_to_subsidise_all_pilgrimages/articleshow/1911440.cms
There is another new PIL registered against the govt for the same reason
http://timesofindia.indiatimes.com/India/Haj_subsidy_Allahabad_HC_asks_Centre_to_file_counter_affidavit/articleshow/2546325.cms
http://www.milligazette.com/Archives/01092002/0109200276.htm
Haj subsidy – fact or fiction
By Maasoom Moradabadi
http://www.milligazette.com/Archives/15092002/1509200242.htm
Haj subsidy is a fact and must go eventually
By Syed Shahabuddin
I found these two articles in Milli Gazette. They give different but interesting points of view on this subject of subsidy.
An important point missed by both authors is that the Government appropriates income from all the major temples in India.
Mr. Shahabuddin says “Assuming Rs.32,000 to be the Haj Charter fare and 72,000 pilgrims, the total transaction comes to Rs.230.4 crores. We know that in our country every transaction generates a Commission, an under-the-table payment. 5% will amount to more than 11.5 crores!”
I feel he is right. Secularism is only an excuse, vote bank may be an attraction, but money is the real cause and driving force. Our legislators are shrewd enough to take corrective action in case the Court delivers an unfavourable judgment. No one willingly kills a milch cow.
@ Nanda: Thanks for the links. Gimmick indeed…I was not aware of the other PIL.
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@ Nandan: Thanks for the article link…I will have a look at both the articles later on.
“Govt offers to provide subsidy to all pilgrimage.”…
Govt only provide subsidy to muslims for going to Mecca.
Supreme Court clearly said (ref. Shantanu’s posting):. No subsidy, not even a Rupee, is offered to Hindus to go to Manassarowar or Sabarimala or Kumbh Mela etc. What govt does is faciliate the transportation. That is not subsidy. Every hindu pilgrim pay the full transportation cost for the visit.
Haj subsidy will go on, and pseudo-secular govt will increase the amount every year. No matter, no muslim countries offer such subsidy or it is unholy to take money from the govt (Hindu money) to go for Haj.
What is the way out to stop Haj subsidy or to make everyone equal? There is only one way, which BJP-NDA govt falied to do. Govt must offer Rs. 4000 crores subsidy for HIndu pilgrimages, and to jains, sikhs, buddhists, chrsitians as per their proportion.
BJP wanted only HIndu votes, but not doing anything for them. Vajpayee increased the amount of Haj subsidy and promosed to create 2 lakhs Urdu teachers jobs if voted to power (said in 2004 Loksabha election time). But he had no guts and imagination to offer subsidy to Hindu pilgrimages.
There are millions of hindus in different parts of the country who can never think to visit Hardwar, Varanasi, Somnath/Dwarakadhesh mandir, or Tirupati etc (keep aside Mansarowar). Once, I had a visit to Hardwar (not for pilgrimage but for other purpose) and when I visited my village, hundreds of villagers came to see me. They told me, they can never think to visit such places; by seeing me they will earn Punya. They are realists, they know the hard truth. But why these poor HIndus can’t visit a Tirtha-shetra in their own country? Why there is no subsidy for them? When a poor and illiterate muslim can make pilgrimage to a far-away another country, why a poor hindu can’t make it inside the country?
Religious subsidy must be for all. Else it must go. If muslims get Rs. 500 crores, HIndus must be given Rs.4000 crores. Only BJP can do that and I am sure they will get millions more Hindu votes. BJP has not matured yet to consolidate Hindu votes. They think lip service and slogans will bring them Hindu votes.
From The Hindu: SC admits petition challenging subsidy for Haj pilgrims
makes lot of sense!!
claim during TV debates that Haj Subsidy is haraam. but when push comes to shove?
read on!!
http://www.dnaindia.com/india/report_haj-committee-may-approach-centre-to-reconsider-air-fare-hike_1300916
rgds/sridhar
From The Indian Express:
Government subsidy to Muslims for Haj pilgrimage or similar benefits for other religions is not violative of the Constitution, the Supreme Court ruled.
The apex court rejected the argument that grant of subsidy for Muslims undertaking the Haj amounts to violation of Articles 14 (equality),15 b(non-discrimination) and 27 (no public taxing for promoting any religion).
A bench of justices Markandeya Katju and Gyan Sudha Mishra said in an order that nothing was unconstitutional if a small portion of public money is used for subidising pilgrimage.
“In our opinion, Article 27 would be violated if a substantial part of the entire income tax collected in India, or a substantial part of the entire central excise or the customs duties or sales tax or a substantial part of any other tax collected in India, were to be utilized for promotion or maintenance of any particular religion or religious denomination.
“In other words, suppose 25 per cent of the entire income tax collected in India was utilized for promoting or maintaining any particular religion or religious denomination, that,in our opinion, would be violative of Article 27 of the Constitution,” the bench said in the ruling.
The apex court made the remarks while dismising a petition filed by former BJP MP Prafull Goradia challenging the constitutional validity of the Haj Committee Act 1959 on the ground that it was violative of the Constitution particulary, Article 27.
Haj Subsidy not violative of Constitution: Judgement by SC in Jan ’11. Copy of the judgement here: http://www.vigilonline.com/downloads/Haj_Subsidy_Case_in_the_Supreme_Court_of_India.pdf
Here is a copy of the full order (mentioned in the comment above): http://www.vigilonline.com/downloads/Haj_Subsidy_Case_in_the_Supreme_Court_of_India.pdf
This is getting curious…
From SC strikes down Haj subsidy Tuesday, May 08, 2012, Zeenews Bureau
New Delhi: In a major setback to the Centre, the Supreme Court on Tuesday turned down its policy of giving government subsidy to Muslims going on annual Haj pilgrimage.
“We hold that this policy (giving subsidies to Haj pilgrims) is best done away with,” the apex court said, while slamming the Centre for politicising the issue of annual Haj pilgrimage.
The apex court, while directing the Centre to eliminate the policy of Haj subsidies over a period of ten years, maintained that the proposal of giving subsidy on pilgrimages to religious shrines is inappropriate and aimed at wooing minorities.
…The government..refrained from disclosing the amount of subsidy being incurred by it for 2012 saying, “The exact figure in respect of the travel subsidy to the pilgrims going through Haj Committee of India for 2012 will be known after the Hajis completed their Haj journey and return to India.”