West Bengal state police restricts Shourya Jagran Yatra, Calcutta HC confirms illegal order, gives a nod
West Bengal, India 
3 October, 2023
Case Summary
Vishwa Hindu Parishad (VHP) and Bajrang Dal kickstarted their nationwide rally called the Shourya Jagran Yatra on 30th September across India. As per schedule, the procession was to pass through West Bengal from 4th October to 8th October. The West Bengal state police, however, denied them permission to proceed with the rally in certain districts of the state. On 4th October 2023, the Hindu organisations approached the Calcutta HC against the arbitrary decision taken by the West Bengal police. Three separate petitions were filed by members of VHP and Bajrang Dal. “This Yatra is intended to spread awareness about the various issues relating to ‘Hinduism’. It also intends to honour various freedom fighters, who laid their lives for the country, protecting Hindu religion and Hindu culture. It will pass through various sites which have religious and historical importance,” the petitioners said. The petitioners further assured the HC that the members of VHP and Bajrang Dal would carry no arms or weapons. The petitioners also assured that a maximum of 200 members of VHP and Bajrang Dal are likely to participate in the yatra and that only 3 trucks and 20 motorbikes would be plied. After hearing both sides, the Calcutta High Court gave the go-ahead to the Vishwa Hindu Parishad (VHP) and the Bajrang Dal to proceed with its nationwide rally – “Shourya Jagran Yatra” – through West Bengal.
Why it is Hate Crime ?
As per the details, the prime category under which this case has been placed is 'Restriction/ban on Hindu practices' under which 'Administration disallows religious procession' has been selected as the sub-category. Further, the tertiary category selected here is, 'Rally for Hindu rights'. In several cases, it is seen that the administration/state disallows a religious procession owing to prejudicial orders and concerns, targeted specifically against the Hindu community. Such restriction/prohibition would be considered documented as a hate crime because the orders are often a result of pressure by groups that harbour animosity towards Hinduism and Hindus. Often, the restriction by the authorities is driven by bias, hostility, or prejudice against the specific community being stopped from holding a religious procession, by pressure groups that harbour animosity towards Hindus, intrinsic to their faith. Since the religious procession is inherent to the faith of the Hindus, such prejudicial restriction is considered a curtailing of the fundamental rights of the Hindu community. In several cases, for example, the authorities ban a Hindu religious procession due to pressure from groups opposed to the religion. In other instances, the prohibition is selectively enforced against one religious group (Hindus) while others are allowed to proceed. There are still other cases where the authorities preemptively restrict a religious process by Hindus because those who hold animosity towards Hindus may get “provoked” leading to them being violent, thereby assuaging the sentiments of those who hold animosity towards Hindus by curtailing the religious rights of Hindus. Such acts and orders are prejudiced, indicating discriminatory motives owing to the capitulation to groups that harbour animosity towards Hindus and therefore, would be categorized as a religiously motivated hate crime since the original pressure leading to the order itself is a result of hatred/bias/prejudice/religious hate against Hindus. In this case, the West Bengal state police, under the direction of the Mamata Banerjee-led TMC government, denied permission for the Vishwa Hindu Parishad (VHP) and Bajrang Dal to conduct their annual Shourya Jagran Yatra in certain districts of the state. This yatra is part of a nationwide campaign that promotes Hindu values, unity, and cultural pride. Notably, other states did not object to the rally, making West Bengal an outlier in this regard. This decision is an infringement on the constitutional rights to freedom of assembly and expression, which are fundamental in India. The move is also seen as politically and religiously biased, given the West Bengal government's history of opposing organizations associated with the Hindu nationalist movement. Further, from Hindus being arrested for chanting Jai Shri Ram slogans, to denying permissions for Hindu religious processions to her stoic silence whenever Hindus get attacked by Islamists in the state, there are several evidences to show that the Mamata Government in West Bengal has, in the past, passed umpteen prejudicial orders to clamp down on the religious rights of Hindus and show her affinity towards the Muslims in the state. The bias was further highlighted when the Calcutta High Court allowed the Hindu organizations to proceed with the yatra in West Bengal, indicating that the state administration's initial decision was discriminatory and indicative of religious bias. Consequently, this incident is being categorised as a religiously motivated hate crime against Hindus.
Case Status
Case adjudicated
Perpetrators Details
Perpetrators
State and Establishment
Perpetrators Range
N/A
Perpetrators Gender
unknown
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