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17. Heard learned Counsel for the parties.

18. Sri M.C. Chaturvedi, learned Chief Standing Counsel, State of U.P. made a statement that there is no separate legislation in the matter of protection of Hindu religious places, temples or endowment trust affected by the communal tension and if such religious places or temples are insecure due to communal tension or due to activities of anti social elements, it is a law and order problem and if any problem arises of which a written complaint is received by the police authorities, the local Police looks into the matter of law and order problem and takes steps accordingly, but there is no law, i.e., the Act, Rule, Statute, Circular, Government Order or any other document having force of law to provide such protection continuously. He further urged that as there is no such Legislation on the subject, in case the Court gives any appropriate direction or frame a scheme for protection of such Hindu religious places, the State will take appropriate steps accordingly. He also urged that in case this Court considers it appropriate and appoints any Body/Commission to look after the matter and submits a comprehensive report to take steps by the State Government, the State Government will proceed accordingly.

91. Articles 25 and 26 of Constitution of India introduced by Constituent. Assembly to prove protection to al religious communities as this Article was history which introduced in historical background of the pre-independent Indian history which makes it clear that Hindu temples continuously remained under attack and were demolished during these 1300 years right from the time of invasion of Meer Kasim from 712 A.D. upto independence and thousands of Hindu temples were demolished by Anti Hindu and communal Forces in India. India was partitioned on the ground of two nations theory in the hope that communal violence would come to an end and all the religious communities will live in peace that is why Constituent Assembly protected rights of all the religious communities under Articles 25 and 26 of the Constitution of India. This fundamental right guaranteed to every citizen of India is subject to public order. In spite of such protection the Hindu Temples and Temples of other religions within the fold of Hinduism would continue to be shifted being affected by communal violence and threat of safety and security. These incidents are affecting public order and it is the duty of the state to take appropriate steps accordingly to ensure that there is no violation of any right guaranteed to citizens of India under the Constitution of India. This problem of communal riot is not a law and order problem as simply urged by the learned Chief Standing Counsel taking note of historical background detailed above. It cannot be treated as simple law and order problem taking note of historical background detailed above particularly of Hindu Temples and religious Institutions which suffered at the hands of communal forces prior to independence during Islamic and British Rules and even after independence in 1947 at the time of partition and thereafter and as such Hindus are also entitled to get protection guaranteed under Articles 25 and 26 of Constitution of India.

We have already indicated that the usual tests which can be applied in relation to any recognised religion or religious creed in the world turn out to be inadequate in dealing with the problem of Hindu religion. Normally, any recognised religion or religious creed subscribes to body of set philosophic concepts and theological beliefs. Does this test apply to the Hindu religion? In answering this question, we would base ourselves mainly on the exposition of the problem by Dr. Radhakrishnan in his work on Indian Philosophy ("Indian-Philosophy" by Dr. Radhakrishnan. Vol. I, pp.22-23). Unlike other countries, India can claim that philosophy in ancient India was not an auxiliary to any other science or art, but always held a prominent position of independence "In all the fleeting centuries of history, says Dr. Radhakrishnan, "in all the vicissitudes through which India has passed, a certain marked identity is visible. It has held fast to certain marked identity is visible. It has held fast to certain psychological traits which constitute its special heritage and they will be the characteristic marks of the Indian people so long as they are privileged to have a separate existence". The history of Indian thought emphatically brings out the fact that the development of Hindu religion has always been inspired by an endless quest of the mind for truth based on the consciousness that truth has many facts. Truth is one, but wise men describe it differently.() The Indian mind has, consistently through the ages, been exercised over the problem of the nature of godhead the problem that faces the spirit at the end of life, and the interrelation between the individual and the universal soul. "If we can abstract from the variety of opinion, says Dr. Radhakrishnan, "and observe the general spirit of Indian though, we shall find that it has a disposition to interpret life and nature in the way of monastic idealism, though this tendency is so plastic, living and manifold that it takes many forms and expresses itself in even mutually hostile teachings."(...) Naturally enough, it was realised by Hindu religion from/the very beginning of its career that truth was many-sided and different views contained different aspects of truth which no one could fully express. This knowledge inevitably' bred a spirit of tolerance and willingness to understand and appreciate the opponent's point of view. That is how "the several views set forth in India in regard to the vital philosophic concepts are considered to be the branches of the self-same tree. The short cuts and blind alleys are somehow reconciled with the main road of advance to the truth." (...) When we consider this broad sweep of the Hindu philosophic concepts, it would be realised that under Hindu philosophy, there is no cope for ex-communicating any notion or principle as heretical and rejecting it as such.

The strategy worked out to solve the minorities problem was, although differently worded, that of Hindutva or Indianisation. This strategy, briefly stated, aims at developing a uniform culture by obliterating the differences between all the cultures co-existing in the country. This was felt to be the way of coomunal harmony and national unity. It was though that this would put an end once and for all to the minorities problem.

(at page 19) The above, opinion indicate that the word 'Hindutva' is used and understood as a synonym of 'Indianisation', i.e., Development of uniform culture by obliterating the differences between all the cultures co-existing in the country.