Center for Human Rights and Subaltern Studies (CHRSS)

National Law University, Delhi, 2019

“UNRAVELLING NATIONALISM & PATRIOTISM: LOVE FOR YOUR COUNTRY

OR HATE FOR THE OTHER?”

SUB THEME – NATIONALISM, PATRIOTISM AND NARRATIVES OF HATE

Author- Mr Anubhav Kumar, IV Year, BA LL.B (H) School of law, University of Petroleum
and Energy Studies, Dehradun.
Mobile no- 7060826307; Email- kranubhav5@gmail.com
Co-Author- Gautam Kumar, III Year, BA LL.B (H) School of law, University of Petroleum
and Energy Studies, Dehradun.
Mobile no- 8755014760; Email- adv.gautamkr@gmail.com

1. Introduction

In October last year, the President of the United States Donald Trump asserted that we cannot
have a globalist advocating for betterment of the world but not of the nation first, and claimed
himself a nationalist.1 Here in India, the debate of nationalism stirred with the order of the
Apex Court making it an obligatory duty of Indian citizens to mandatorily stand in cinema
halls for the national anthem before every show, to infuse them with nationalistic sentiments.2
In Britain, the revolutionary referendum of Brexit, as scholars opined, was driven hugely by
English Nationalism3, and the nationalistic movement of „White Europe‟ in Poland in
November 2018 faced condemnation from the international community for its xenophobic
phrases.4

On a closer look, the common thread in all the above cited incidents is the exercise of a
nationalistic sentiment or „nationalism‟. It is therefore significant that in this neo-liberal
world of borderless country, free trade, international interdependence and institutionalisation

1
Aaron Blake, Trump‘s embrace of a fraught term — ‗nationalist‘ — could cement a dangerous racial divide,
THE WASHINGTON POST, Oct. 23, 2018, https://www.washingtonpost.com/politics/2018/10/23/trumps-embrace-
fraught-term-nationalist-could-cement-dangerous-racial-divide/?utm_term=.0673cf5d4974.
2
Shayam Narayan Chouksey v Union of India, (2017) 1 SCC 422.
3
Fintan O'Toole, Brexit is being driven by English nationalism. And it will end in self-rule, THE GUARDIAN,
June 19, 2016, https://www.theguardian.com/commentisfree/2016/jun/18/england-eu-referendum-brexit.
4
Matthew Taylor, White Europe‘: 60000 nationalists march on Poland‘s Independence Day, THE GUARDIAN,
Nov. 12, 2007, https://www.theguardian.com/world/2017/nov/12/white-europe-60000-nationalists-march-on-
polands-independence-day.

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National Law University, Delhi, 2019
of the economy, the ideas of nationalism and patriotism are not lost. Rather, with changes in
modus operandi of economic structure and ideology of the world, this early seventeenth
century concept which was an offshoot of Westphalianan5 concepts has itself undergone
radical change and made its presence felt in this century also. Tracing the relevance of
nationalism in the cosmopolitan era of interdependence is essential to understand its
prominence even after many liberal scholars across the globe believe it to be irrelevant.
Nationalism continues to thrive and remain dominant all over the world, primarily because no
doctrine or system devised to substitute nationalism has proved successful and viable.6

It is also interesting to understand that changing dynamics of interdependence of the concept

of nation and nationalism has taken huge leaps in the last few decades. This has stirred a
debate among jurists as to whether state actions under the veil of nationalism are a form of
jingoism, and whether nationalism is justified or required.

1.1 Nationalism vis-a-vis patriotism?

Identifying the relevance and mapping the evolution of nationalism in isolation shall be a
wild goose chase if the essence of patriotism is not dissected. Nationalism and patriotism are
catchphrases often used together and interchangeably today, and this is fundamentally
flawed. There is a world of difference between nationalism and patriotism despite a few
shared ideals.7 Lack of elementary sensitisation of these definitions and their substitution in
our world of interconnectedness is one of those monumental problems which ill-intentioned
forces are taking benefit from and damaging the peace of the community.

Nationalism is premised on the idea of a „nation state‟, while patriotism places reliance on the
society and the emergence of a nation, therefore leading to the idea of nationalism.8
Therefore, while the ideal of oneness remains the same throughout the two concepts as both
can be considered consequences of national identity, the application differs. Nationalism and
patriotism are two distinct loyalties simply put as love for our own country, but the miniscule
difference is that while patriotism is positive affirmation and embraces the flaws of the

5
Kimberly Amadeo, Nationalism, What It Means and Its History, THE BALANCE, Dec. 14, 2018,
https://www.thebalance.com/nationalism-definition-examples-pros-cons-4149524.
6
Muchkund Dubey, The Nationalism Debate: Past and Present, INDIAN JOURNAL OF PUBLIC ADMINISTRATION,
https://journals.sagepub.com/doi/pdf/10.1177/0019556117689853.
7
Sudhanva D Shetty, There's A World of Difference between Patriotism and Nationalism, THE HUFFINGTON
POST, Jul. 15, 2016, https://www.huffingtonpost.in/sudhanva-d-shetty/patriotism-nationalism-a-
_b_9354822.html.
8
RABINDRANATH TAGORE, NATIONALISM 55 (1918).

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National Law University, Delhi, 2019
nation, nationalism is rather aggressive, insecure and fosters a feeling of superiority over
others.9 This has been the perpetual subject of continued academic research as there has
always been a state of dilemma over the effective use of both, which makes the study of
ideological and historical development and its association with identity indispensable.

1.2 Need for a Distinction between Nationalism & Patriotism

The idea of unravelling nationalism and patriotism is not only to understand this concept by
academic standards, but also to assure peaceful dialogue and co-existence of different
sections and ideologies together within a country‟s territorial boundaries. Its importance or
object is therefore to understand the innate identity which a person carries with himself,
associating with caste, creed, region and subsequently nation, and whether there is a mid-way
to the “identity”, or if globalism and cosmopolitanism is the only essential identity in this
industrialised world.

While the aim is to answer this question, it is imperative to understand the ideological,
political and historical development of nationalism and patriotism and its relevance in the
contemporary world.

2. Unravelling Nationalism & Patriotism

2.1 The Fundamental Difference

Nationalism gives more importance to unity by way of a cultural background, including

language and heritage, while patriotism prioritises love for a nation, with more emphasis on
values and beliefs.10 It is even identified as “the worst enemy of peace”.11 Nationalism is a
feeling that one‟s country is superior to another in all respects, while patriotism is merely a
feeling of admiration for a way of life.12

It is safe to say that patriotism is based on affection and nationalism is rooted in rivalry and
resentment. It has been observed that most nationalists assume that their country is better than
any other, whereas patriots believe that their country is one of the best and can be improved.

9
Alasdair Macintyre, Is Patriotism a Virtue, THE LINDLEY LECTURE AT THE UNIVERSITY OF KANSAS, Mar. 26,
1984, https://mirror.explodie.org/Is%20Patriotism%20a%20Virtue-1984.pdf.
10
ibid at 6.
11
George Orwell, Notes on Nationalism, POLEMIC GB LONDON, May 1945,
http://www.orwell.ru/library/essays/nationalism/english/e_nat.
12
Id.

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National Law University, Delhi, 2019
Patriotism lays emphasises on equality amongst the world community but nationalism
implies that only people belonging to one‟s own country should be considered one‟s equals.13

It is contended that nationalism comprises several basic elements like common race, similar
language, same religion and traditions, history, geography etc., but none of these factors by
itself is enough to create a nation or nationalism.14 For instance - race might be a driving
factor in the formation of nationalism, but not quite essential and no can be denied nationality
because of race.15 In our country India itself, several races, castes and creeds contribute to
„Indian-ness‟, making Indian nationalism a different area of study.

2.2 Indian Nationalism: Pre and Post 1947

The journey of Indian nationalism, its rise and it contemporary use has undergone
tremendous change over years posing inherent challenge of streamlining the study in
normative standards. It in its essence embraces all possible elements that go into the making
of a nation, that is, language, religion, ethnicity, historical legacies and mores and traditions.

As a result of the different usage of the phenomenon in different era of colonised and free
India different philosophers have different views and have seen India‟s nationalism in
different context. One of the greatest poet, Rabindranath Tagore who is regarded as a
staunch critic of nationalism said that he loved India above all because, “she has saved
through tumultuous ages the living words that have issued from the illuminated
consciousness of her great ones.”. He further states that the nation is “an aspect of a whole
people as an organized power”.16 It is interesting that Tagore saw a nation only as an aspect
of its people and therefore singled out „organized power‟ as an essential attribute of a
nation.17 It is interesting to see how philosophers argued that a nation is imagined, even when
limited to a very small area, all its aspects are not visible to those who share it and several of
its attributes and the concept as a whole are imagined.18

Tagore was evidently against nationalism as he believed that the notion of internationalism
which must prevail over all mankind, and which must be founded on the human ethics of

13
Anne Sraders, What is Nationalism? Its history and what it means in 2018? THE STREET, Jul. 5, 2018,
https://www.thestreet.com/politics/what-is-nationalism-14642847.
14
A. Smith, Nationalism and Social Change, INTERNATIONAL JOURNAL OF COMPARATIVE SOCIOLOGY, 1972.
15
Universal Declaration of Human Rights, art. 15 (1948).
16
ibid at 8.
17
BENEDICT ANDERSON, IMAGINED COMMUNITIES: REFLECTIONS ON THE ORIGIN AND SPREAD OF NATIONALISM
(2015).
18
Id.

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National Law University, Delhi, 2019
simplicity, beauty and unanimity with others at the level of both, individuals and nations. He
therefore said, “We must give a warning that this idea of nationalism is prevalent evil that is
sweeping over the present world and eating it into its moral vitality”.19 In his criticism of
nationalism, Tagore has been influenced by the incidence of cruelty, and indignity
perpetrated by the Western nations against what he called the philosophy of „No-Nations‟.20
In this regard, he explicitly challenged those manifestations of the non-violent movement for
independence which had the effect of generating hatred against the British.21

This belief led Tagore to openly differ with M.K Gandhi on the salience and dimensions
acquired by the evolving Indian nationalism during the course of India‟s independence
movement. In a written response to Tagore, Gandhi categorically stated that, “Indian
nationalism is not exclusive, it is humanitarian”.22 If we look into the Gandhi‟s approach, we
can find that his approach was to do away with colonialism first, and then connect with the
international community in the service of humanity as a free nation but contrarily he argued
that “Patriotism includes the service of humanity”23.

Another emerging leader of India during the freedom struggle J.LNehru did not join this
debate directly on the issue of nationalism; rather he took a different stand from both and
justified his approach towards nationalism on the basis of the international trend when he
wrote “The abiding appeal of nationalism to the spirit of man has to be recognized and
24
provided for”. He was not in favour of the idea which was advocated that India should
compromise its nationalism for the sake of internationalism when he said, ―Those who tell us
so seem to imagine that true nationalism would triumph if we agreed to remain a junior
partner in the British Empire or Commonwealth of Nations. They do not appear to realise
that this particular type of internationalism is only an extension of a narrow British
nationalism.‖25

Indian nationalism saw a positive manifestation as it was instrumental in the independence

struggle.26 It is an instance of territorial nationalism, inclusive of its entire people, despite

19
DUBEY, supra note 6.
20
Id.
21
SABYASACHI BHATTACHARYA, THE MAHATMA AND THE POET (1997).
22
Id.
23
ibid at 19.
24
JAWAHARLAL NEHRU, DISCOVERY OF INDIA 53 (1946).
25
Id.
26
Johannes Voigt, The Growth of Indian Nationalism in 19the Century, INDIAN HISTORY CONGRESS (1961)
https://www.jstor.org/stable/44140761.

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National Law University, Delhi, 2019
their diverse ethnic and religious backgrounds.27 It signifies a common political
consciousness or patriotism with the purpose of attaining self-rule. It can also be defined as a
movement for reasonable constitutional reforms and a struggle for complete independence,
but has this been the intent even today in contemporary world?

It can be concluded that Indian nationalism over the time has been apparently subjected to
semantical shifts in its meaning and usage. Prior to 1947, it was a tool to streamline the
common voice of liberation against colonialism. In the post-independence era, it saw its
manifestation in integrating the country and in later 20th century it took an international
meaning with the advent of globalism and opening of economy.28 However, it is the radical
shift in its meaning and use in today‟s era which haunts the idea of nationalism where
majoritarian or religious ideas are forced upon people in the garb of national identity.

3. The Politics of Nationalism & Patriotism: Contemporary Issues

3.1 Rise of Hindu nationalism

There is no doubt that recent Indian politics has witnessed a rise in Hindu nationalism or
majoritarian nationalism. Using nationalism as a political tool to win elections, and even
marginalise particular communities has often been discussed in this context. This
marginalisation is getting more and more profound with successive elections.29

Hindu nationalists make an attempt to equate democracy and Majoritanriaism that is the
pursuance of a permanent unbeatable majority which would place large groups in power
forever.30 The ideas, philosophy and theoretical perspective have been developed by its
founders like Savarkar and Pandit Deendayal Upadhyay. The concept of Hindu nationalism
has been conceived and understood as, “The philosophy based upon a broad agreement that
the majority should set the goals of Indian state.”31 If we observe the recent debates on
mythological change of names of city symbolic of religious beliefs 32 or attempt to radically

27
Vasant Moon, Dr. Babasaheb Ambedkar Writings and Speeches, MINISTRY OF SOCIAL JUSTICE &
EMPOWERMENT, GOVT. OF INDIA, Apr. 14, 1987, https://www.mea.gov.in/Images/attach/amb/Volume_03.pdf.
28
ibid at 6.
29
Shiv Visvanathan, The paranoid art of nationalism, THE HINDU, Aug. 26, 2016,
https://www.thehindu.com/opinion/lead/The-paranoid-art-of-nationalism/article14589356.ece.
30
S. KAVIRAJ & A.K. BAGCHI, DEMOCRACY AND DEVELOPMENT IN INDIA 124 (1994).
31
YOGENDRA K. MALIK & V.B. SINGH, THE HINDU NATIONALISTS IN INDIA: THE RISE OF BHARATIYA JANATA
PARTY 5 (1995).
32
Ajay Uprety, Name Changing of Allahabad, a move to further Hindutva Agenda, THE WEEK, Oct. 17, 2018,
https://www.theweek.in/news/india/2018/10/17/name-changing-of-allahabad--a-move-to-further-hindutva-
agenda.html.

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Center for Human Rights and Subaltern Studies (CHRSS)
National Law University, Delhi, 2019
rewrite history33 , the present government therefore seems to translate a religious majority
into a political majority and gain electoral benefits with Hindu or negative Nationalism.

Generally, the idea of nationalism becomes negative with irrational blaming and the spread of
hatred among people. Nationalism is not a particular idea or thought that can be identified in
the name of religion, caste or community of the people – it is beyond all these factors.34
Similarly, one cannot be identified as an anti-nationalist just because they have different
political views or an ideology that the majority does not follow in the nation at a particular
point in time. If a person is being critical of the government‟s style of working or they
criticise the policy of the government, they are not anti-nationalists.35

3.2 The State inclusion: Infusing national symbols in Hinduism

In 2018, during the Kawar Yatra, devotees of Hindu god Shiva were seen carrying the Indian
national flag with them, and the trucks accompanying them were draped in the tricolour. It
was a clever ploy to merge nationalistic sentiments with Hinduism. Appropriating national
symbols and infusing in them a Hindu content has long been a strategy of the Bharatiya
Janata Party (BJP) and the Rashtriya Swayamsevak Sangh (RSS). 36 In continuation of it, the
present government is attempting to infuse Hinduism with nationalism in religious ways such
as boasting a massive Hindu festival.37 Why was this worldly notion of nationalism being
foisted on a religious pilgrimage aimed to attain spiritual peace?

The BJP has been harping on relentlessly about nationalism for quite some time. It has shifted
from its platform of “Hindu religion in peril” to “nation in peril”. It has succeeded, with the
help of Hindi-language media, to portray universities as places where leftists are creating and
spreading anti-national ideas and conspiring to break India into pieces. The BJP and the RSS
are trying to hegemonies diverse, regional and cultural spaces and paint them with a broad
Hindu brush. Slowly and gradually, they are trying to gain control over institutions - religious
and cultural - by appointing people of the same ideology. Yogi Aditynath‟s elevation to the
post of Chief Minister of Uttar Pradesh, who has been vocal about his views for minorities

33
Rupam Jain & Tom Laseter, By Rewriting history, Hindu Nationalist aim to assert their dominance over India,
REUTERS, Mar.6, 2018, https://www.reuters.com/investigates/special-report/india-modi-culture/.
34
S. IRFAN HABIB, INDIAN NATIONALISM: THE ESSENTIAL WRITINGS (2017).
35
JAL MURZBAN, WHY WE ARE NOT HINDUS (Aakar Books Delhi, 2015).
36
Arun R. Swamy, Hindu Nationalism – What‘s Religious Got to Do with It? ASIA-PACIFIC CENTRE FOR
SECURITY STUDIES (March 2003) https://apcss.org/Publications/Ocasional%20Papers/OPHinduNationalism.pdf.
37
Emily Schmall, India‘s gov‘t. Boosts massive Hindu festival, eyes election, ABC NEWS, Jan. 14 2019,
https://abcnews.go.com/International/wireStory/indias-govt-boosts-massive-hindu-festival-eyeing-election-
60355777.

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National Law University, Delhi, 2019
and has faced charges of criminal intimidation, riot and attempted murder against 20%
minorities of state38 is the prime example of strategic religious control. They are trying to
create a Hindu umbrella, which will shelter all these diverse traditions and give people a
feeling of being part of a unified whole called Hinduism.39

A double seamlessness, between different cultural traditions and Hinduism and

simultaneously between Hinduism and nationalism, has given birth to nationalist Hinduism or
Hindu nationalism. That this is being done at the cost of Muslims and Christians seems, at
least at this point of time, of little concern to the large Hindu population of India.40

4. Detractors of Nationalism

The world with the earnest shift in the concept of a nation has also witnessed an apparent
shift in the manifestation of nationalism.41 It is also essential to understand that the
conventional rigidity of established norms of nationalism in the colonised world are
significant in forms of political and legal sanctions in India today, creating a plethora of
unanswered issues surrounding hate speech, sedition and labelling people negatively if they
criticise the government .

This legal sanction in form of draconian laws like sedition and political actions in its use
where no incitement of violence was even recorded.42 These actions hence have so much to
do with the myth and entangled use of „patriotism‟ and „nationalism‟, served in a platter of
toxic nationalism, more so after the shift of power in India to its citizens. Indian nationalism
appears to face the danger of losing its liberal and inclusive character, which has aroused
considerable anxiety and concern among the secular intelligentsia.43

38
Swati Gupta & Annie Gowen, Modi‘s Party Picks Yogi Adityanath, strident Hindu priest , as leader of
India‘s biggest state, THE WASHINGTON POST, Mar. 19,
2017,https://www.washingtonpost.com/news/worldviews/wp/2017/03/19/for-state-leader-modi-taps-firebrand-
politician-who-once-advocated-killing-muslims/?utm_term=.323002df6c2b.
39
Apoorv Anand, Umbrella politics of Hindutva, AL JAZEERA, Apr. 23, 2017,
https://www.aljazeera.com/indepth/opinion/2017/04/umbrella-politics-hindutva-170417091306518.html.
40
PUNIYANI RAM, FASCISM OF SANGH PARIVAR (2009).
41
Archana Upadhyaya, Changing Conception of Nationalism in the Era of Globalization: A Perspective, INDIAN
JOURNAL OF POLITICAL SCIENCE (2006),
https://www.jstor.org/stable/pdf/41856194.pdf?refreqid=excelsior%3A54f49ee6e560878cbaa97fdf9f269951.
42
Soutik Biswas, Why India needs to get rid of its sedition laws, BBC NEWS, AUG. 29, 2016
https://www.bbc.com/news/world-asia-india-37182206.
43
K.N Parrikar, Nationalism and its Detractors, 44 SOCIAL SCIENTIST 3 (2016).

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National Law University, Delhi, 2019
The daunting factor of this coerced nationalism is the ill-conceived project of labelling
targeted criticism of government as „detractors of nationalism‟ or „anti-national‟.44 It has now
become fundamental to understand the premise and legal implications of criticizing the
government and demystifying the debate of anti-national versus anti-government.

4.1 Nationalism and Sedition

The rise of the nationalistic movement in the Indian independence struggle against British
colonisation led to the genesis and insertion of the crime of sedition under the Indian Penal
Code in the year 1860, to crush the nationalistic movement.45 Legally, the offence of sedition
is said to be committed when any person by words or otherwise brings or attempts to bring
into hatred or contempt, or excites or attempts to excite disaffection towards, the government
established by law.46

Prior to 1947, nationalism contributed to the freedom struggle and sedition was channelized
as a tool to disrupt it by arresting notable leaders like Mahatma Gandhi and Jawaharlal
Nehru. At the time of independence, the law was sought to be removed, as it was thought to
be unnecessary and obnoxious.47 Since then, it has been advocated to be done away with, as
essentially it is a law used by a democratic state against its own people. However, the law has
not yet not been repealed, and is used perversely for political gains with the state sponsored
narrative of changed dimension of the phenomenon selling as Hindu nationalism.There are
multiple instances where the governments have been using it arbitrarily, like arrest of Jat
leader Hardik Patel48 and Student leader Kanahaiya Kumar 49 recently .

44
Id.
45
ROMILA THAPAR, A.G. NOORANI ET AL., ON NATIONALISM (2016).
46
Indian Penal Code, 124A (1860).
47
MANOJ MITRA, Jawaharlal lal Nehru wanted sedition law out as early as 1951, THE TIMES OF INDIA, Sept. 11,
2012, https://timesofindia.indiatimes.com/city/mumbai/Jawaharlal-Nehru-wanted-sedition-law-out-as-early-as-
1951/articleshow/16343758.cms.
48
Mahesh Langa, Hardik Arrested on sedition charge, THE HINDU, Oct. 19, 2015,
https://www.thehindu.com/news/national/other-states/hardik-patel-booked-for-sedition/article7779938.ece
49
Sharad Vyas, Not afraid of being thrown in Jail : Kanhaiya Kumar, THE HINDU, Dec. 23, 2018,
https://www.thehindu.com/news/cities/mumbai/not-afraid-of-being-thrown-in-jail-kanhaiya-
kumar/article25810122.ece.

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Center for Human Rights and Subaltern Studies (CHRSS)
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While the Supreme Court of India in 1962 upheld the validity of Section 124-A50, recently
the Law Commission under Justice B. S. Chauhan opined to rethink the existence of the law
or even to repeal it, as it is an attack on the democratic principle of free speech.51

The law of sedition is a veil for Majoritanriaism in India and for agitating nationalistic
sentiments, consequently not only affecting free speech but also killing the intent of
questioning the government. It allows the state to infuse jingoistic nationalism and to subtly
draw brains to hatred. Hence, the demand for sedition to be scrapped is not only
constitutional, but also for the sake of peace and curbing the majoritarian forces using
nationalism as per their whims and fancies to kill dissent.52

4.2 The Anti-National Debate: Crime without a law?

Today, perhaps the most talked-about crime in the country is being anti-national. But it is a
crime without a law.53 Today the debate of nationalism versus anti-nationalism is reaching
new heights. However, in reality, most views are being used only for political gain through
misconception and half-truths. Majoritarian nationalism creates a new kind of thought
policing where the deviant, the dissenting, the marginal and the minoritarian find it difficult
to fit into the chorus of the nation state.54

It becomes sine qua non to appreciate that diminishing difference between nation and
government and normalisation of the phenomenon of anti-nationalism is the state narrative
created to avoid legitimate questioning, by invoking the emotional sentiment of national
identity, as conceptually, „national‟ and „government‟ are both entirely different. Nation is a
socially constructed community as imagined by people who perceive themselves to be a part
of that group. The identity by which people imagine themselves to be a part of a nation can
come from various themes: common language, culture, religion, geography, or shared historic

50
Kedarnath Singh v. Union of India, AIR 955, 1962 SCR Supl. (2) 769.
51
Law Commission of India, Consultation Paper on Sedition, GOVERNMENT OF INDIA, Aug. 30, 2018,
http://www.lawcommissionofindia.nic.in/reports/CP-on-Sedition.pdf.
52
Manu Sebastian, Sedition Law Used to curb dissent: Law Commission calls for relook on sec 124 A of IPC,
LIVE LAW, Aug. 31, 2018, https://www.livelaw.in/sedition-law-used-to-stem-political-dissent-law-commission-
calls-for-relook-on-sec-124a-ipc/.
53
Karen Gabriel and P.K. Vijayan, The anti-national debate: It‘s a crime without a law, HINDUSTAN TIMES,
Mar. 23, 2016, https://www.hindustantimes.com/analysis/the-anti-national-debate-it-s-a-crime-without-a-
law/story-
QoCsCMB5gsWKQ6V3tlLP7I.html?fbclid=IwAR2kZUauWTcepTk4zC2s1kOuoQS2RN_hgkiTAHuAWthYD
rQSB8FMJe7uWSo.
54
ibid at 24.

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Center for Human Rights and Subaltern Studies (CHRSS)
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experience.55 On the other hand, a government is a group of people authorised to run the
nation, not equating government with nation itself therefore criticism of government on
policy should not render an Individual anti national or less patriotic or attracts sedition.56

It is therefore a fundamentally flawed and manufactured argument to serve political and

vested interest with the emotional tool of national identity in today‟s world for electoral
gains. It may not be an exaggeration to say that today, majoritarian nationalism professed by
the state is in its being anti-national.57

5. Conclusion: Is Nationalism required?

Nationalism has seen its growth in different waves in both, positive and negative
connotations – while the former is the realisation of liberation against colonialism and
imperialism, the latter is majoritarian or religious ideas forced upon people in the garb of
national identity. Patriotism on the other hand is loyalty towards the society which is not
aggressive or toxic and embraces flaws of the nation. Patriotism is therefore no mindless
loyalty and its negative connotation is almost non-existent.58

While unravelling these interchangeable terms, the inevitable truth realised is that both
nationalism and patriotism are instrumental to nation building, but history has been witness
that the negative connotation of nationalism i.e. toxic nationalism or Jingoistic patriotism has
been monstrous in devastation. It has led to fascism, Nazism and contributing in holocaust
and genocide in the name of nationalism.

Indian nationalism prior to 1947 was emancipatory and liberating as it helped the Indian
Nationalist Movement against colonialism. It has been rather different post-independence, but
significant, as this feeling has been essential in maintaining the integrity of such a diverse
nation which has plethora of languages, cultures, castes and creeds. It is in last few years with

55
Karthik Subramanian & Pranay Kotasthane, Love thy nation, watch thy government, THE HINDU, Nov. 15,
2015, https://www.thehindu.com/thread/politics-and-policy/article7895966.ece.
56
Soli J. Sorabjee , Slogans, Critical of govt, are not anti-national and do not amount to sedition, INDIAN
EXPRESS , Jan. 17, 2019, https://indianexpress.com/article/opinion/columns/sedition-law-punishment-kanhaiya-
kumar-jnu-5542000/
57
Yogendra Yadav, A nationalism that‘s anti-national, THE HINDU, Sept. 26, 2018,
https://www.thehindu.com/opinion/lead/a-nationalism-thats-anti-national/article25041762.ece.
58
MACINTYRE, supra note 9.

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Center for Human Rights and Subaltern Studies (CHRSS)
National Law University, Delhi, 2019
the shift in the power centre of Indian politics that a subtle but seemingly radical change in
the state narrative of nationalism has emerged. This is essentially majoritarian or religious,
where nationalism has been deliberated for political benefits, equating criticism of
government to that of the nation, and agitating the nationalistic sentiments of its citizen. It
may be entirely wrong to blame the current government for this perverse manifestation as
previously too it has been used by state action post-independence, and it has been shielded
with legal sanction through the regressive and archaic law of sedition which is essentially
against the spirit of democracy.

It cannot be denied that these two ideologies are essential for the existence of a state with
unified sentiments. However, in a globalised world and with the emergence of
cosmopolitanism as a new identity, is nationalism required? The answer to this is in the
affirmative, as while being a global citizen is a noble idea, it has no building block to be
accepted across, and even today progressive and democratic countries like the United States
are advocating nationalism. Nationalism is therefore not only national identity but its regional
nature of coexistence makes it inevitable. Its fundamental nature of adapting and changing
with the world is uniquely surprising, as the national identity is so emotionally entangled with
people that even with its daunting attributes, nationalism is existing and flourishing.

It is not easy to determine conclusively whether nationalism entails love for your own nation
or hate for the other, but patriotism and nationalism are offshoots of national identity. Both
exist together with shared ideals yet different approaches, as both endeavour to create an
identity which is as elementary as breathing for existence for man.

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