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Judicial Freedom Under Threat

Judicial Freedom Under Threat

Civilizational Integrity, Cultural Rights & The Targeting of Justice Swaminathan

1️⃣ Introduction: Why this matter is shameful?

India is witnessing something unprecedented:

  • a High Court judge is being threatened with impeachment
  • not for corruption, not for incapacity, not for misconduct
  • but for decision acknowledging a lamp — the symbol of knowledge & civilizational identity

This is not a debate about ritual. This is a deeper battle over what India is allowed to remember of itself.

2️⃣ The Judgment & The Misinterpretation

Justice Swaminathan affirmed:

  • Deepam (lamp) is a civilizational marker
  • It predates religious divisions
  • It symbolizes light, clarity, truth, knowledge
  • It is not imposition or conversion, but cultural continuity

He did not:

  • force ritual participation
  • impose Hindu theology
  • undermine any other religious practice

Yet the response has been:

  • impeachment demands
  • political mobilization
  • selective outrage
  • ideological escalation

3️⃣ Selective Secularism: When Culture is Allowed for Some & Punished for Others

Sabarimala Example:

A centuries-old custom was overturned by Supreme Court.

  • No judge was impeached.
  • No political campaign to remove the bench.
  • Only legal review petitions.

Former CJI’s Mockery: Publicly mocked devotees: “Go and ask the deity.”

  • No censure.
  • No motion.
  • No impeachment attempt.

Today’s Reality:

But when Justice Swaminathan upholds a harmless, universal ritual like lamp lighting, suddenly:

  • outrage becomes justified,
  • impeachment becomes urgent,
  • judicial neutral acknowledgment becomes “bias.”

This double standard exposes politicized secularism.

4️⃣ What Is Actually Being Signaled to Judiciary?

The impeachment attempt sends a chilling message:

  • “If you acknowledge Indian civilizational identity, you will be punished.”

Thus:

  • judges may begin avoiding cultural references, even neutral ones
  • temple rights may be adjudicated under ideological threat
  • heritage interpretation may be silenced

>This is not constitutional balance.
>This is coercive secular conditioning.

5️⃣ Constitutionally Clear: Impeachment Is Not a Weapon

Impeachment grounds:

  • proven misconduct
  • incapacity

>Lighting a lamp ≠ misconduct
>Acknowledging culture ≠ incapacity

Thus the motion:

  • violates constitutional spirit,
  • undermines judicial dignity,
  • sets a dangerous precedent.

If cultural acknowledgment becomes impeachable, then culture itself becomes prosecutable.

6️⃣ Cultural Identity Is Not Communal Identity

Deepam is:

  • in Bharatanatyam
  • in classical music sabhas
  • in university convocations
  • in government inaugurations
  • in religious discourses
  • in literature festivals
  • in science awards

>It belongs to India, not one subset of India.

>Civilizational roots ≠ religious coercion.

7️⃣ Majority Cultural Rights Are Also Constitutional Rights

True secularism does not protect only minority symbols.

It protects:

  • Christian sacraments,
  • Muslim procession rights,
  • Sikh turban identity,
  • Buddhist chants,

and also

  • Hindu rituals
  • Hindu temple autonomy
  • Hindu symbolism

One cannot be constitutionally upheld while the other is judicially punished.

8️⃣ Society’s Role: Calm, Civil, Constitutional

Support must be:

  • assertive yet lawful
  • clear yet dignified
  • strong yet non-provocative

How society must respond:

  • bar councils to defend judicial autonomy
  • Dharma scholars to clarify civilizational symbols
  • media literacy campaigns to counter distortion
  • temple boards to engage legally, not emotionally
  • intellectual forums to present constitutional clarity

9️⃣ CJI Intervention Is Necessary

The Chief Justice of India must intervene:

  • to prevent impeachment misuse
  • to protect judicial independence
  • to safeguard judges from ideological harassment
  • to assure the bench that culture is not punishable material

If the highest judicial office does not act now, a precedent of judicial silence under fear will take root.

🔟 Government Must Treat This as Civilizational Priority

This is not merely a Tamil Nadu state matter. It is a Bharat civilizational matter.

  • Parliamentary dialogue is required
  • Ministry of Culture must issue clarity on ritual neutrality
  • Law Ministry should ensure impeachment is never politicized
  • Temple autonomy needs national-level insulation

A nation whose philosophical bedrock is Sanatana Dharma cannot allow its civilizational symbols to be politically penalized.

Sanatana Dharma Rakshana Board: A Cultural Safeguard

To protect temples, rituals & customs from politicized interference:

  • autonomous temple governance
  • ritual decisions by Acharyas, not political officers
  • cultural interpretation by scholars, not vote banks
  • judicial respect for civilizational continuity

This is not dominance — it is cultural equity.

This Is Not About One Judge

Justice Swaminathan is a case study, not the case itself.

This moment will determine:

  • whether India’s judiciary can acknowledge India
  • whether culture must apologize to politics
  • whether heritage can be mentioned without impeachment

To stand with him is to stand for balance, dignity, continuity.

  • Not against any faith — but for fairness to all, including the majority.

🇮🇳 Jai Bharat, Vandematram 🇮🇳

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