Sonia & Teesta shouldn’t capitulate to ‘communal Hindutva’ just because SCI is not a court, rather should first move UNHRC / US. By Hem Raj Jain

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(i)- Sonia & Teesta should rise above the self and work for protecting secular democracy of India (ii)- Roping-in ‘US - VP Kamala Harris’ will immensely help Sonia & Teesta in this mission (iii)- The SCI & NHRC should be freshly approached by Sonia & Teesta only after mobilizing UNHRC / USA

The case of Sonia Gandhi who is accused by the BJP of communal Hindutva forces of conspiring to topple the 2002 Gujarat Government and maligning the then Chief Minister (and now Prime Minister) Narendra Modi as reported at 

https://timesofindia.indiatimes.com/india/sonia-gandhi-acted-through-patel-to-target-modi-bjp-on-gujarat-police-claims-in-setalvad-case/articleshow/92916708.cms   and the case of Teesta Setalvad who has been put in a difficult situation due to over reach of the Supreme Court of India (SCI) as reported and mentioned (at https://www.hrw.org/news/2022/06/28/india-free-drop-charges-against-teesta-setalvad and https://thewire.in/law/full-text-madan-lokur-karan-thapar-teesta-setalvad-supreme-court ) are the cases which go beyond the individuals and has wider & profound implication for the political health of secular democratic India. Therefore both Sonia Gandhi and Teesta Setalvad (Sonia as the supreme leader of Congress party and Teesta as Secretary of NGO Citizens for Justice and Peace) are under moral obligation to defend and fight their case PROPERLY in the interest of protecting democratic secularism of India, as mentioned below:-

(2)- First and foremost Sonia & Teesta should understand that the communal Hindutva forces could damage Indian secularism so much through the Ayodhya dispute for the simple reason that it could pressurize the SCI which is not difficult because the SCI technically is not a court. In modern judicial practices a court can’t be in abeyance and a court can’t be under siege. But the SCI is under seizure by Delhi police (hence one can’t approach SCI physically & freely without permission of Delhi police). This is the main reason that the SCI knows the xyz of criminal law without understanding the abcd of it. The main purpose of criminal law is to make the citizens fearless but when the SCI itself is not fearless (hence is sitting in court under Delhi police protection) then how can it make India fearless. This unfortunate situation is mainly due to the fact that India is weak in martial power (which only can make the judiciary fearless).

(2)- Therefore Sonia & Teesta will have to take the help of the martial power of some institution of which India is a part. This is the United Nations. But everybody knows that the UN / ‘UN Human Rights Commission’ (UNHRC)  will also take up this matter if the USA takes interest in it. The White House or US-Congress or ‘US Commission on International Religious Freedom’ (USCIRF) can take interest in this matter to move the UNHRC (or independently) to move the appropriate institutions in India. Even the NHRC of India can also be moved by the US authorities where the NHRC of India can be requested in any fresh writ petition  (which Sonia & Teesta should file in the SCI) to intervene in the courts proceedings with court’s approval under section 2 (1) (f) and 12 (b) of the “Protection of Human Right Act”. 

(3)- Sonia & Teesta should (in addition to other proofs with them of complicity of Gujarat State & its constitutional authorities also as mentioned at http://www.salem-news.com/articles/october312012/indian-hypocrites-hr.php ) give this proof also of giving free hand to Hindutva forces about inciting killing, injuring, property destruction of thousands of innocent Muslims including loss of honor of Muslim women during 2002 Gujarat massacre - where VHP leader was allowed through PRESS CONFERENCE  to justify (and further incite) communal Hindus against innocent Muslims (as https://timesofindia.indiatimes.com/city/ahmedabad/violence-result-of-natural-outburst-vhp/articleshow/2400238.cms ) where VHP leader said that incidents occurred during Gujarat bandh on Thursday was natural outburst over Godhra massacre and result of extreme anguish within people (notwithstanding talk of peace and law etc by this VHP leader which is a normal practice by leaders of Hindutva forces including of BJP and which fools no one) . 

(4)- Here, to be fair to communal Hindutva forces & the SCI, it should also be mentioned that they could harm the secularism of India to the extent they could by their acts of commission for the simple reason that the Indian Muslims allowed them to do so by their acts of omission because Indian Muslims didn’t file proper writ petitions in the SCI as mentioned at https://www.pakistanchristianpost.com/opinion-details/4020 

(5)- Sonia & Teesta are quite capable & competent to mobilize UNHRC directly or through the USA (as per laws of the USA) especially in this year of US - Congressional elections when it becomes easy to mobilize White House, Capitol Hill, USCIRF through media, think tanks, HR-NGOs, academicians, political commentators and parties etc. The only mental barrier they will have to break is about so-called sovereignty & over-blown ego of the UN member countries where most of the countries who don’t have sufficient military and economic power to exercise sovereignty or countries like India which doesn’t have adequate military power to exercise its sovereignty [that is why it's Supreme Court (with vast powers under Article 141, 142 and 144 of the Constitution) is not a court, as mentioned above] but think that they are citizens of a sovereign country hence why they should approach the USA for relief in such a basic & fundamental political issue as the protection of democratic secularism in India.

(6)-  Sonia & Teesta should not mind approaching the USA (in the individual capacity and Sonia as the supreme leader of Congress party and Teesta as Secretary of NGO Citizens for Justice and Peace) for two more reasons :-

(i)- Due to the unprecedented advance of modern science & technology globalization became inevitable which needs a global order which was launched & led by the USA. Though Russia has damaged it considerably through the Ukraine war, Russia is not prepared to launch an alternate global order, hence the USA will remain the leader of the global order of the free world. Therefore Sonia & Teesta should have no problem in approaching the USA

(ii)- Though sexist approaches normally should be avoided but  this case is important as it is vital for secular democracy. If two most prominent and powerful ladies Sonia & Teesta can’t get justice in India then what message will it send to the women of India (half the population hence important for democracy) about the possibility of ordinary Indian women getting Justice in India. Therefore Sonia & Teesta should not mind invoking the office of US Vice-President Kamala Harris too (by invoking this sexist aspect and also by reminding her that she is half an Indian through mother's side). Only the roping-in of Kamal for this mission (which is the main mission of the USA too in cold war - II of ‘liberal Western democracy’ against ‘authoritarian Chinese democracy’) will ensure half the success for Sonia & Teesta. 

It is hoped Sonia Gandhi and Teesta Setalvad will realize the ground reality and profound seriousness of the matter and will mobilize UNHRC / USA before going to the Supreme Court and NHRC of India, as mentioned above, in the interest of protecting secular democracy in India.

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