Swastika ban: Victoria assures new law will not impact others as Australian Hindus fear backlash

Victoria's decision to criminalise the display of Nazi symbols, including swastikas, has left many worried. Australia's Hindus and other communities want the state government to make an exception for them and clearly define the difference between their swastika and the one used by Nazis.

Police inspect graffiti on the front of the Victorian State Parliament.

Police inspect graffiti on the front of the Victorian State Parliament. (file) Source: AAP Image/David Crosling

Highlights
  • Victoria to criminalise the public display of Nazi symbols from next year
  • 'We are aware of the use of Swastika by other religions': Attorney-General Jaclyn Symes
  • Hindi Council of Australia says some members had been mistakenly targeted in the past
The Indian community in Australia fears practising Hindus could be mistakenly targeted because their pious swastika symbol bears a striking resemblance to the one used by Nazis.

Makarand Bhagwat, a member of the Hindu Council of Australia, says the community was expecting an announcement from the Victoria government following the release of the anti-vilification report in April 2021.

"However, the Hindu community is disappointed to note that there are no references in the announcement and the recommendations and considerations related to the Hindu swastika symbol," Mr Bhagwat told SBS Hindi.

The swastika, or hakenkreuz, used to represent Nazi forces is strikingly similar to the one used in the practices of the Hindu religion. Both have an equilateral cross with legs bent at a right angle. The former, however, is slightly tilted and surrounded by a circle.
The Swastika or Hakenkreuz used to represent Nazi forces is strikingly similar to the one practised in the Hindu religion.
It's common for practising Hindus to draw this sign outside their homes or during festivals such as Diwali. Source: Creative Touch Imaging Ltd./NurPhoto via Getty Images
The Hindu swastika, which means "wellbeing" in Sanskrit, also has four dots. Mr Bhagwat said the swastika has a special significance to the Hindus. 

"Hindu rites or pooja (worship) invariably begin with the image of the swastika with the deity mounted thereon," Mr Bhagwat said. 

It's common for practising Hindus to draw this sign outside the entrance of their homes if they have purchased or built a dwelling or during festivals such as Diwali. The sign is also considered pious in other religions such as Buddhism and Jainism. 
Hemanshu Pota, Associate Professor at the University of New South Wales in Canberra, said the swastika is at the heart of the Hindu philosophy of the ever-perpetuating cycles, which is the fundamental nature of this creation.

"The world as we see it is cycles within cycles thus the swastika symbol. Banning the use of the swastika is tearing out our hearts and throwing them away," Mr Pota told SBS Hindi.

"At the same time, we fully acknowledge the pain caused by Hitler's swastika as we feel it too. We are happy to engage in the consultation process and come up with a solution that is truly anti-hate." Mr Pota added. 

Mr Bhagwat and Mr Pota both said there had been instances in the past when members of the Hindu community were mistakenly targeted for practising their faith using the swastika in Australia.
Mr Bhagwat said the Hindu Council of Australia and other organisations will soon make a submission to the Victoria government.

"Once these are done, we expect the Victoria government to make specific exceptions related to the usage of the symbol for all applications related to Hindu faith," Mr Bhagwat said.

Victoria's Attorney-General Jaclyn Symes said the state government is "mindful of the need for exceptions that cover legitimate and appropriate uses of these symbols".

"We are very aware that some cultures use the swastika and other similar symbols as a positive sign of good fortune, and have done so long before they were co-opted by the Nazis – which is why we will have a strong focus on ensuring this use is not criminalised as we consult," Ms Symes told SBS Hindi.
She said the government will consider the option for educating and training members of the police force. 

"The judiciary will also be considered as part of the consultation process to ensure the new laws are enforced as intended and do not adversely impact other cultures or religions," Ms Symes said.

The Victoria government is expected to legislate the ban on the public display of Nazi symbols in the first half of 2022. 

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4 min read
Published 7 September 2021 12:14pm
Updated 7 September 2021 12:21pm
By Sahil Makkar

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