Mahatma would shudder: Soli speaks up

Sorabjee said he was ‘‘anguished about events in Gujarat where the minorities are not being protected at all—I cannot believe how people of both communities could do what they have been doing to each other.’’

Citing Article 27 of the International Convention of Human Rights, Sorabjee said that ‘‘special constitutional provisions for minorities are erroneously looked upon as attempts to pamper minorities…but these are not special privileges accorded to them, they are rooted in the tenets of equality.’’

Sorabjee’s statement acquires significance since he’s expected to give his opinion, as reported in The Indian Express yesterday, in the landmark Supreme Court Constitution bench case looking into minority rights.

Significantly, Sorbajee declared that ‘‘it is the duty of everyone to stand up and speak, irrespective of whatever office you may be occupying.’’

When asked later by The Indian Express, whether he felt it was time for him to stand up and speak, he replied: ‘‘Every lawyer should speak up if he felt that flagrant violations were being committed and the rule of law was not being enforced. If you are convinced, silence is not an option. You are not speaking against a particular person, but a particular situation, a development.’’

He denied that he represented the government: ‘‘Attorney General is an independent constitutional office holder. I am first and foremost a lawyer and the first law officer, so I’m certainly concerned about the rule of law being observed, or as a human rights activist if there are violations, which are not being remedied effectively.’’

Asked what he was to remedy the situation, he said: ‘‘I can only suggest remedies, point out what laws should be enforced.’’ He added: ‘‘Any person who preaches religious hatred or disseminates pamphlets or any material of that nature, should be dealt with in accordance with law. If it can be proved that any act incited religious passions, action should be taken.’’ The urgent need of the day, he said, was to remove the feeling of ‘‘insecurity and helplessness’’ amongst the minorities, ‘‘bridge the deep divide and restore the rule of law.’’ Those who say they are teaching others a lesson, he said, should realise that ‘‘however high you may be, the rule of the law is above you.’’

In an interview later, Sorabjee said: ‘‘I personally feel that the government should not be hypersensitive to criticism from abroad. There is no harm in Western countries expressing concern over the killings in Gujarat. Ours is a democratic, open society, after all. However, if the government feels that facts have been misrepresented, they should rebut the allegations with facts and figures.’’

In his speech, Sorabjee elaborated on the legal aspect of human rights: ‘‘A state is responsible for any inaction which results in a human rights violation or any such violation committed by non-state actors in its jurisdiction.’’

Quoting from a judgement made in the state of Honduras, Sorabjee stated that ‘‘ the state is obligated to investigate each and every case and to ensure that no human rights violation goes unpunished.’’

Sorabjee’s sentiments found an echo in the speech of Additional Solicitor-General R N Trivedi as well. Harking back to the days of the Emergency, Trivedi said: ‘‘We have to ensure that such a thing does not come to pass again when the Executive is on bended knees and there is self-imposed censorship. A stock-taking of the Executive is required today. Simply to retain the small comfots of life,they are willing to bend and yield before political masters. They become willing facilitators as in the neighbouring state of Gujarat.’’

He stressed that ‘‘the fight should not be between right and left but between right and wrong.’’