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
July 10,2020

In a first, the Supreme Court on Friday allowed the service of summons and notices, a necessity in almost all legal proceedings, through instant messenger like WhatsApp as well as by e-mail and fax.

A bench headed by Chief Justice SA Bobde observed that it has been brought to the notice of the court that it is not feasible to visit post offices for service of notices, summons, and pleadings. The bench also comprising Justices AS Bopanna and R Subhash Reddy observed that notice and summons should be sent through e-mail on the same day along with instant message through WhatsApp and other phone messenger services.

The bench clarified that all methods should be deployed for a valid service on the party. "Two blue ticks would convey that the receiver has seen the notice," noted the bench.

The bench declined the request of the Attorney General for specifically naming WhatsApp as a mode of effectuating service. The top court noted that it would not be practical to specify only WhatsApp. The apex court also permitted RBI to extend the validity of cheques in the backdrop of lockdown to contain the coronavirus outbreak.

Senior advocate V Giri representing RBI informed the bench that he had circulated the note regarding validity of a cheque as directions issued on the previous hearing.

The bench noted that it will be in discretion of the RBI to issue orders which are suitable to alter the validity of the period of a cheque.

During an earlier hearing on the matter on July 7, the Attorney General contended before the top court that the Centre had some reservations in connection with the utilization of mobile applications like WhatsApp and other apps for service of summons. The Centre's top law officer informed the apex court that these apps claimed to be encrypted, and they were not trustworthy.

The RBI counsel had contended before the top court that it was considering clarifying the validity of a cheque which has been reduced to 3 months from 6 months.

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Agencies
June 12,2020

New Delhi, Jun 12: The Supreme Court on Friday asked Solicitor General Tushar Mehta to convene a meeting of the Finance Ministry and RBI officials over the weekend to decide whether interest incurred on EMIs during the moratorium period can be charged by banks.

A bench comprising Justices Ashok Bhushan, Sanjay Kishan Kaul and M.R. Shah queried Mehta as the court was concerned since the Centre has deferred loan for three months.

"Then how can interest of these 3 months be added?" the apex bench asked. Mehta replied: "I need to sit down with the RBI officials and have a meeting."

SBI's counsel, senior advocate Mukul Rohatgi, intervened during the proceedings and said "all banks are of the view that interest cannot be waived for a six month EMI moratorium period".

"We need to discuss it with the RBI," insisted Rohatgi.

Justice Bhushan then asked Mehta to convene a meeting of the RBI and Finance Ministry officials over the weekend, and listed the matter for further hearing on June 17.

The top court, during the hearing, indicated that it was not considering a complete waiver of interest but was only concerned that postponement of interest shouldn't accrue further interest on it.

After the RBI said the waiver of interest charges on EMIs during moratorium will lead to loss of 1 per cent of the nation's GDP, the top court had earlier asked the Finance Ministry to reply, whether the interest could be waived or it would continue during the moratorium period.

The top court said these are not normal times, and it is a serious issue, as on one hand moratorium is granted and then, the interest is charged on loans during this period.

"There are two issues in this (matter). No interest during the moratorium period and no interest on interest," said Justice Bhushan. The observation from the bench came on a petition by Gajendra Sharma, in which he sought a direction to declare portion of the RBI's March 27 notification as ultra vires to the extent it charged interest on the loan amount during the moratorium period.

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Agencies
March 14,2020

New Delhi, Mar 14: Excise duty on petrol and diesel was on Saturday hiked by ₹3 per litre as the government looked to mop up gains arising from fall in international oil prices.

Special excise duty on petrol was hiked by ₹2 to ₹8 per litre incase of petrol and to Rs 4 incase of diesel, an official notification said.

Additionally, road cess on petrol was raised by ₹1 per litre each on petrol and diesel to ₹10.

The increase in excise duty would in normal course result in a hike in petrol and diesel prices but most of it would be adjusted against the fall in rates that would have necessitated because of slump in international oil prices.

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