Pracharak - Court Rulings On RSS

Court Rulings On RSS

Many cases have been reported in post-independence India where RSS volunteers have been discriminated against by the government due to their allegiance to the RSS. In a court case of a teacher who was dismissed from service due to his past links with the RSS, the Supreme Court called the government's action as "McCarthyism" and a "violation of fundamental rights".

A municipal school teacher, Ramshanker Raghuvanshi, was dismissed by the Congress government of Madhya Pradesh in 1974, which stated that he had taken "part in the RSS" activities and thus may have been "not a fit person to be entertained in Government service". The Supreme Court dismissed the arguments of the government and stated that the government had not adhered to the provisions of the Indian Constitution. The Supreme Court bench consisting of Justice Syed Murtuza Fazalali and Justice O. Chinnappa Reddy observed that "India is not a police state" and pleaded that the "promise of fundamental rights enshrined in the Indian Constitution not become a forgotten chapter of history". Delivering the landmark judgment, the Court claimed that it believes "seeking a police report on person's political faith", in the first place, "amounted to the violation of fundamental rights". The Supreme Court ruled in favor of the municipal teacher and ordered his reinstatement.

Similar decisions were made by the High courts of different states of India in different cases of political persecution of RSS volunteers. One case involved Ranganathacharya Agnihotri, who was selected for the post of Munsiff but was not absorbed into service at least partially because he had been a volunteer of the RSS in his past. When Agnihotri approached to the then High Court of Mysore (now Karnataka High Court), he was reinstated. The Court put forth:

Prima facie the RSS is a non-political cultural organization without any hatred or ill will towards non-Hindus and that many eminent and respected persons in the country have not hesitated to preside over the functions or appreciate the work of its volunteers. In a country like ours which has accepted the democratic way of life (as ensured by the Constitution), it would not be within reason to accept the proposition that mere membership of such peaceful or non-violent association and participation in activities thereof, will render a person (in whose character and antecedents there are no other defects) unsuitable to be appointed to the post of a Munsiff. —Karnataka High Court,

The RSS also has been banned in India thrice, during periods in which the government of the time posed that they were a threat to the state: in 1948 after Mahatma Gandhi's assassination, during the Emergency (1975–77), and after the 1992 Babri Masjid demolition. The bans were subsequently lifted, in 1949 after the RSS was absolved of charges in the Gandhi murder case, in 1977 as a result of the Emergency being revoked, and in 1993 when no evidence of any unlawful activities was found against it by the tribunal constituted under the Unlawful Activities (Prevention) Act.