Now, a court’s measure of Indianness

The criticism by a Supreme Court bench of Rahul Gandhi over his alleged comments about the Chinese occupation of 2,000 sq km of Indian land is unfortunate. The court’s remark that "a true Indian" won’t make such comments came while it was hearing an appeal challenging an Allahabad High Court judgement that refused to stay defamation proceedings against Rahul Gandhi. The petitioner contended that the Leader of the Opposition defamed the Indian Army with his comment. The Congress leader's comment came during his Bharat Jodo Yatra, while he was talking about the 2020 Galwan Valley clash between Indian and Chinese soldiers.

The issue before the Court was defamation and the request for a stay on proceedings in a lower court. It had nothing to do with Rahul Gandhi’s Indianness, why he made the comment on social media and not in parliament, or how a responsible LoP should have talked on the matter. These are statements with no judicial force but create unwarranted impressions and opinions. When the Court says that a true Indian would not say this, the suggestion is that the person who said it is not a true Indian. That is unfair – the Court should not make judgements on the Indianness or patriotism of individuals in the limited context of a defamation case. The comment is particularly unfortunate because it would be seen as vindicating the campaign by the ruling party and its supporters, who question Rahul Gandhi’s patriotism.

The comment made by the LoP was not against the Army. There have been questions about the effectiveness of the surgical strike on Balakot, in Pakistan, in 2019. Questions have also been raised about Operation Sindoor, particularly about the Indian losses in combat. The government’s position on the situation in the Galwan Valley was questioned at the time. These questions are directed to the government and not against the country’s armed forces. The Opposition has the right to ask them in a democracy, and that should not be dubbed as words not right for a "true Indian". These are questions a true Indian should be asking. The logic of asking Rahul Gandhi why he did not make his statement in parliament is also flawed. Top national leaders, including Prime Minister Narendra Modi, make statements in social media. That does not make them any worse. It is not Gandhi’s position as the LoP or an MP that should shield him, but his right as a citizen of this country.