Jallikattu- NGOs and Activist Judiciary doing Culture wars
In the West, the Judiciary is felt by Conservative Christians as inimical and adverse to Christian values of family, issue of abortions and prayers in schools.
The Political establishment is a pendulum that swings between Control of Judiciary by Conservative Republicans and left liberal Democrats.
Appointments to Supreme Courts therefore become a partisan issue and impacts delivery of Justice and therefore the regulation of society.
The liberal Judges are perceived by conservative Christians there as doing social Re-engineering with a view to evacuate Christianity from public space.
Thus a spate of Judgments from courts had banned display of anything overtly Christian in public spaces like parks and squares during last Christmas all across Europe.
Thus the selection of Judges who do not have any Liberal aversion to Christian values has become the priority of the Trump administration.
The Republicans want to redress what they feel as the systemic Cultural bias of Judiciary as a result of Left Liberal Activist Judges who have over stepped their briefs and adversely impacted on Christian cultural space with their judgments.
In India the situation is the reverse.
The Evangelists, Liberal Judiciary and Liberal NGO activists do the social re-engineering of the
Native Hindu Culture who are the Majority.
As a result when like in the West, the Liberals through appointments of activist Judiciary went after Christmas, in India similarly they go after any Pagan or Hindu festivals or gatherings to curb or evict them. They are on the same page in this Culture War.
The initial Ban on Jallikattu was made by a certain evangelist convert Judge Banumathy against Jallikattu. Hindu Conservatives therefore criticized over step of her judicial brief into activism.
They claim that she was delivering the ban while hearing an unrelated case- a petition that sought allowing Jatka Races.
They argue that this must be seen in the backdrop of Evangelist movements seeking bans on pagan Hindu festivities through front organizations of NGOs – so the field is clear in India creating a space for evangelist gatherings that can fill up the Cultural vacuum in festivals space.
Was the Judge with evangelist leanings such as Justice Banumathy even aware of the Conservative concerns and criticism of her Judgement? Did the Supreme Court even aware or she ever realize she has valid Conflict of interest while out stepping and ordering a ban on a pagan rural festival while hearing an unrelated case?
The subsequent deliveries by Judges were also marked by similar Indifference to the fallouts of an adverse Judgment on society and law and order and national integrity.
Reading their utterances, we see how only the letter of the Law was strictly adhered to over the spirit of our Constitution that guarantees Culture of its subjects.
If we look at how the petitions by NGOs that work under a Western paradigm and definitions of Culture were approaching the Courts and our Judges were hearing and delivering, we find an astonishing echoing of their contempt to our culture and prioritizing of Western ideas of animal rights over our Citizens’ cultural rights and India’s rich traditions of festivals.
Nowhere have we found a word sympathetic to our Culture. While Rights of animals are upheld, upholding its citizens ‘rights of Culture is something we don’t see anywhere in any of these hearings and judgments.
This Cultural indifference is also more marked regarding indigenous Culture. Perhaps since activist Judges and activist NGOs share the same western paradigms and neo-colonialist definitions.
The need for judicial reforms
In the light of Culture Wars and Cultural subversion from the West deploying NGOs as its fronts of our post colonial Indian society, the need for judicial reforms to take into account this phenomenon of Cultural intervention and recognition of a Legislative assault by Neo-colonialism is long overdue and urgent as an imperative.
The Ultra Left Radical Liberal agenda demands dismantling local cultures and replacing it with a Uniform Global Culture based on Western ideals.
Unlike the East the Western Culture is derivative of Greek Thought.
A Western mind looks at Ethics as self sufficient in a compartmentalized way.
Eastern societies have a supra ethical framework of Dharma, that enfolds Ethical as well as spiritual dimensions where at times the ethical element predominates and at others the spiritual justification to transcend the ethical mandates predominates.
Indian Judicial system inherited from the British Colonial Judicial system all complete with the cloak and blonde wigs, has been impervious to any need to a subtle native cultural Redefinition of the Ethical framework.
Even without any activist Judges, this colonial lenses grossly distort the delivery of judgments whenever those judgments require consideration of the ethical issue at hand in a holistic Dharma view.
In case of activist Judges, this failure to emancipate from Colonial psyche of an inherently anti-native Colonial Cultural bias, ends in callous Cultural Indifference that provokes calamitous chain reactions on the ground with dire fallout to even National integrity as seen at Chennai in Jallikattu agitation.
The NGOs espousing animal rights do so at expense of the Cultural dimension.
It is not just cultural indifference but outright contempt for natives and Cultural hostility.
Jallikattu is Bad not so much because of any cruelty to animals or such ‘Bull. It is bad simply because it is our indigenous Culture.
Naturally the Indigenous Culture looks Unethical, backward and inflicting suffering all of which requires emancipation by Western Ethics- a typical colonialist world view.
Cultural dislocation to a Western ethical frame therefore is sought through NGO activism and transition helped with by Judicial activism that lends the arms of law. The conflict of interest is overlooked because any such criticism of Judiciary stands risk of Contempt of Court.
We can spot this systemic bias of Judiciary in the Directives following conduct of Jallikattu through Legislatures.
Just take note of this persistent Cultural bias when Judges who task the monitoring of events to a a ‘well known animal activist’-
Instead of a competent veterinarian expert or doctors- which must be how a scientific unbiased monitoring of animals events is possible.
Judicial activism therefore will only naturally do such unscientific biased ‘monitoring’ with expected reports as feedback to curb events!
While delivering directives on the petition to allow Jallikattu, the Judge waved it off with a very characteristic derisive remark that highlights the colonialist cultural indifference and contempt to native cultures “we don’t care for all that !”
Now looking back at the dangerous precipice that Tamil Nadu and India stood with thousands of students trapped by Separatist and Islamist disruptive forces with Pakistan’s ISI that is now derailing passenger trains to inflict on India civilian casualties in its proxy war-
Do those words of this wise Judge sound really wise? “We don’t care for all that “?
Judicial activism must be put on the dock and made to behave responsibly in future.
There seems to be little care for needless hassles to the public in all the political fallout drama that unfolded, concern about the risk to National integrity, the harm that student community barley escaped as human shields to Extremists.
Judicial activism by a single Judge must make account for taking a Billion strong nations to the very brink of a potential civil war.
Activist Judges must therefore be identified, disciplined by the Chief Justice or removed from handling sensitive cases when they have known positions that have conflict of interest or systemic bias that aggravates the ground reality beyond the issue at hand, such as suffering of Bulls.
Because judicial activism is obverse of the NGO coin – hand in glove both sweat to destroy culture. In that process our very nation can disintegrate.