Re-Redefining Hinduism

[email protected] (Ram Puniyani)
March 31, 2013
ramWhile defining religion is a theological exercise, many a times the tribunals and judges are pontificating on the nature of Hindusim on the basis of common sense and their own perceptions of it. Many of these perceptions are dictated by the contemporary politics, which wants to present Hinduism in a different light. It was a great surprise that a recent Income Tax Tribunal held that Hinduism is not a religion and stated that Shiva, Hanuman or Goddess Durga are  "superpowers of the universe" and do not represent a particular religion. (March 2013)  The Income Tax Appellate Tribunal, Nagpur, in a recent order, said the expenses on worshipping Hindu deities and maintenance of temple could not be considered as religious activity.

They went on to declare that "Technically, Hinduism is neither a religion nor Hindus form a religious community.” Shiv Mandir Devsthan Panch Committee Sanstan' had argued that the temple run by it was open to everyone, irrespective of caste and creed and so "the temple does not belong to a particular religion and that installing idols is not a religious activity".

This is fairly hilarious. Idol worship is a major part of Hinduism, while religions like Islam and Christianity don't resort to worship of idols. It is a Hindu religious activity, that's how the whole Ram Temple issue could be built up and Babri mosque was demolished on the pretext of fulfilling a religious obligation of restoring Ram Temple, where the idols of Ram Lalla could be installed. Then, what is this new definition of 'superpowers' in the form of Shiva, Hanuman and Durga? Contemporary times mired in the world of politics regards the United States of America as the global superpower. In tribunal's verdict we are being told about the Universal superpowers, Durga, Hanuman and Shiva amongst others. The learned tribunal needed to know that in Hinduism the concept of supernatural power goes through different stages. It begins with polytheism with Gods and Goddesses looking after one faction of the power. So you have Gods and Goddesses taking care of rains (Indra), air (Marut), power (Durga), knowledge (Sarswati), and even sex (Kam Devata) and wine (Som Devata). From here one goes to trithiesm where one God creates (Brahma), one maintains (Vishnu) and one destroys (Shiva). From here, one goes to the concept of monotheism (Ishwar). As such Hanuman is a mythological character, servant of Lord Ram and also referred to as God.

All this is a part of Hindu religion, to think that is universal all religion belief is a travesty of truth. Different sects of Hinduism worship different of these Gods. Some of these Gods are a reincarnation of Lord Vishnu like Ram and Krishna. In Greek mythology one does see a parallel to polytheism. In Christian tradition trithiesim of Father, Son and the Holy Spirit is very much there. These are religion specific beliefs and don't apply to other religions. In contrast to the verdict of the tribunal one knows that some religions like Jainism and Budhhidm don't have faith in supernatural power. Some traditions, which developed in this part of the globe like Charvak also did not have faith in supernatural power.

Coming to the conclusion of the tribunal that Hinduism is not a religion because there are diverse trends, this can be rejected right away. True, Hinduism has diverse trends but that is because this religion is not based on the teachings of a single Prophet. It has evolved-been constructed over a period of time. So the diversity is very much there, still all this does fit into the criterion laid down for understanding a religion.

Defining Hinduism in such is a difficult task for sure. The reasons for this are multiple. One, Hinduism is not a prophet based religion, it has no single founder and two, religions developing in this part of the world have been lumped together as Hinduism and three; there are so many diversities in the practices of Hinduism that all streams cannot be painted with a single brush. To this one may add the the practices and beliefs originating at different times continue to exist side by side. Lord Satyanarayn and Santoshi Maa do exist along with the concept of Ishwar (God) and a Nirankar Nirguna Ishwar (God beyond the attributes of qualities and form at the same time.

The major point of departure for Hinduism is the imprint of caste system on the major aspects of Hinduism, the religious sanctity for social inequality, caste system being the soul of its scriptures and practices. The conditions under which the terms came into being also tell a lot about the real meaning of those terms. Aryans who came in a series of migrations were pastorals and were polytheists. During the early period we see the coming into being of Vedas, which give the glimpse of value system of that period and also the number of gods with diverse portfolios, the prevalence of polytheism. Laws of Manu were the guiding principles of society. This Vedic phase merged into Brahminic phase. During this phase elite of the society remained insulated from the all and sundry. At this point of time caste system provided a perfect mechanism for this insulation of elite. Buddhism's challenge to caste system forced Brahmanism to come up with a phase, which can be called Hinduism. During this the cultic practices were broadened and public ceremonies and rituals were devised to influence the broad masses to wean them away from Buddhism.

It is interesting to note that till 8th century the so called Hindu texts do not have the word Hindu itself. This word came into being with the Arabs and Middle East Muslims coming to this side. They called the people living on this side of Sindhu as Hindus. The word Hindu began as a geographical category. It was later that religions developing in this part started being called as Hindu religions. Due to caste system there was no question of prosetylization. On the contrary the victims of caste system made all the efforts to convert to other religions, Buddhism, Islam and partly Christianity and later to Sikhism.

Within Hindu religion two streams ran parallel, Brahmanism and Shramanism. Shramans defied the brahminical control and rejected caste system. While Brahminism remained dominant, other streams of Hinduism also prevailed, Tantra, Bhakti, Shaiva, Siddhanta etc. Shramans did not conform to the Vedic norms and values. Brahminism categorized religious practices by caste while Shramanism rejected caste distinctions. Brahminical Hinduism was the most dominant tendency as it was associated with rulers. Sidetracking the Hindu traditions of lower castes, Brahminism came to be recognised as Hinduism in due course of time. This phenomenon began with Magadh-Mauryan Empire after subjugating Budhhism and Jainism in particular. Later with coming of British who were trying to understand Indian society, Hindu identity, based on Brahminical norms was constructed for all non Muslims and non Christians. Vedas and other Brahminical texts were projected as the Hindu texts. Thus the diversity of Hinduism was put under the carpet and Brahminism came to be recognised as Hinduism. So Hinduism as understood as a religion is based on Brahminical rituals, texts and authority of Brahmins.

Hinduism as prevails today is a religion in all sense of the sociological characteristics. It is dominated by Brahminism is another matter. To say that Hindus are not a religious community is a wrong formulation to say the least.

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Agencies
June 18,2020

New Delhi, Jun 18: Vodafone Idea on Thursday told the Supreme Court that it has incurred Rs 1 lakh crore losses as it insisted it is not in a position to furnish bank guarantees.

A bench comprising Justices Arun Mishra, S. Abdul Nazeer, and M.R. Shah, taking up the adjusted gross revenue (AGR) matter through video conferencing, directed the telecom companies to submit their financial documents and books for the last 10 years.

Asking Vodafone if it was a foreign company, the bench said that how can the company say it would not furnish any bank guarantee.

"What if you fly away overnight in future without paying anything?" it asked.

Senior advocate Mukul Rohatgi, representing Vodafone Idea, denied his client is a completely foreign firm and cited before the bench its tie-ups and investments.

Vodafone owes over Rs 58,000 crore as AGR dues and so far, has paid close to Rs 7,000 crore.

Rohatgi contended before the court that the telecom company is in a tough situation, and cannot furnish any fresh bank guarantee, as profits have eluded the company in past many quarters. He submitted before the bench that Rs 15,000 crore bank guarantees are lying with the government, and his client's losses are over Rs 1 lakh crore.

"I cannot offer any more surety," he informed the bench.

Justice Mishra noted that this is public money and these dues should be recovered. "Do not tell us that you will pay if you were to make profits... the money must come," he noted.

Justice Shah observed that the telecom industry is the only industry which earned during the Covid-19 pandemic. "After all, this money will be used for public welfare", he said.

Rohatgi argued that his client would have to fold up if orders were issued to clear dues tomorrow. "11,000 employees will have to go without notice, as we cannot pay them," he added.

Senior advocate Abhishek Manu Singhvi, appearing for Bharti Airtel, contended before the court that out of Rs 21,000 crore AGR dues, the company has already deposited a sum of Rs 18,000 crore.

He argued that his client has given a bank guarantee, in excess of demand, to DoT, and supported the proposal for phased repayment of remaining AGR dues. He insisted that the company needs to sit down with the government and calculate the dues. Airtel owes Rs 25,976 crore after paying Rs 18,000 crore, as per the government.

Senior advocate Arvind Datar, representing Tata Telecom, informed the bench that his client has paid Rs 6,504 crore in AGR dues so far, and furnishing a bank guarantee may adversely impact investments in the sector.

The total AGR dues are close to Rs 1.5 lakh crore.

The top court will now take up the matter in the third week of July.

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Agencies
January 25,2020

New Delhi, Jan 25: The Patiala House court on Saturday started hearing a plea filed by the Nirbhaya convicts that alleged that the Tihar Jail administration have "not presented the papers on time".

The Public Prosecutor informed the court that Tihar Jail authorities have already supplied the relevant documents. He further informed that these are mere delaying tactics adopted by the convicts.

Advocate A.P. Singh, lawyer for three of the four death row convicts in the Nirbhaya gang-rape case had moved an application before the court seeking directions to the Tihar Jail authorities to supply him the relevant documents in order to exercise the remaining legal remedies available with the death row convicts -- Vinay Pawan and Akshay.

The Public Prosecutor also told the court that he spoke to the jail authorities over the phone and a report in this regard will be filed shortly as the jail officials were on their way to the court.

The judge demanded from the convicts lawyer to show what he has filed.

The convicts lawyer, A.P. Singh, said that he received some documents, but has still not been supplied with the personal diary of one of the convict -- Vinay Kumar Sharma and also the medical documents.

Judge then asked the lawyer to wait for until the report arrives form the Tihar Jail.

On this, the convicts lawyer said he was not questioning the intention of the jail. "I know the jail has been changed. It isn't there fault, too," he said.

The Public Prosecutor refuted the allegation saying that the defence counsel was trying to defeat the speed of law.

"We have supplied all the documents to the counsel. We have supplied all the documents except the painting and some other documents. We have nothing apart from that," public prosecutor said.

Singh, in his plea filed before the Patiala House Court sought urgent orders of the court in order to file a mercy petition of Vinay Sharma and in relation to requests for documents for convicts Vinay Sharma, Pawan Kumar Gupta and Akshay Kumar Singh.

He further said that the convicts undertook several steps to obtain relevant information necessary for filing the mercy petitions. In regular interval, the convicts requested the concerned authority to supply documents pertaining to their medical records from 2012 to 2015 and 2019-2020, records of cellular confinement, records of the amount earned in prison through labour, records of educational and reformative activities like Tihar Olympics and Painting, etc.

The Supreme court had recently dismissed the curative petition for the other two convicts -- Vinay Kumar Sharma (26) and Mukesh Singh (32).

The court had recently issued death warrant against the convicts and fixed 6 a.m. on February 1 as the date and time of execution of the death penalty.

The 23-year-old victim in the case was brutally gang raped and tortured on December 16, 2012, which later led to her death. All the six accused were arrested and charged with sexual assault and murder. One of the accused was a minor and appeared before a juvenile justice court, while another accused committed suicide in Tihar Jail.

Four of the convicts were sentenced to death by a trial court in September 2013, and the verdict was confirmed by the Delhi High Court in March 2014 and subsequently upheld by the Supreme Court in May 2017, which also dismissed their review petitions.

A Juvenile involved in the crime was convicted by a juvenile justice board and released from a reformation home after serving a three-year term.

Hearing in a different case, Chief Justice of India S.A. Bobde on Thursday said a condemned person cannot fight the death penalty endlessly and it was important for the capital punishment to reach its finality.

The death penalty, he noted, cannot be questioned at every turn by the convict.

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Agencies
June 22,2020

Chennai, Jun 22: Commuting the death sentence to life imprisonment for five convicts, the Madras High Court on Monday set free Chinnasamy, the main convict, who had also been sentenced to death in the Udumalpet Shankar honour killing case.

A Division Bench comprising Justice M. Sathyanarayanan and Justice M. Nirmal Kumar also dismissed the appeal by the state police against the acquittal of three persons by a lower court.

The Bench ordered the five convicts sentenced for life to undergo a jail term of not less than 25 years.

In 2016, V. Shankar, who had married C. Kausalya, was killed by a gang in Udumalpet in Tamil Nadu. The gang also injured Kausalya in the attack.

It was alleged the parents of Kausalya -- Chinnasamy, Annalakshmi -- were against the marriage.

P. Pandidurai, the uncle of Kausalya at the behest of Chinnasamy and Annalakshmi had hired a gang to kill Shankar.

The gang killed Shankar in broad daylight in a public place and Kausalya too got injured in the attack as she tried to save her husband.

The Principal District and Sessions Court in Tiruppur had convicted and sentenced to death six accused persons -- Chinnasamy, P. Jagadeesan, P. Selvakumar, M. Manikandan, M. Mathan alias Michael and P. Kalaithamilvaanan.

The court also sentenced two other accused, K. Dhanraj for life and Manikandan to a five year jail term, while acquitting Annalakshmi, Pandidurai and Prasanna.

The convicts had filed an appeal against their sentence in the Madras High Court while the police filed an appeal against the acquittal of three persons.

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