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
February 27,2020

Feb 27: With the window to submit comments on India's proposed personal data protection law closing on Tuesday, a period of anxious wait for final version of the Bill started for social media firms.

This comes even as global Internet companies have called on the government for improved transparency related to intermediary Guidelines (Amendment) Rules and allay fears about the prospect of increased surveillance and prompting a fragmentation of the Internet in India that would harm users.

As per the proposed amendments, an intermediary having over 50 lakh users in the country will have to be incorporated in India with a permanent registered office and address.

When required by lawful order, the intermediary shall, within 72 hours of communication, provide such information or assistance as asked for by any government agency or assistance concerning security of the state or cybersecurity.

This means that the government could pull down information provided by platforms such as Wikipedia, potentially hampering its functioning in India.

In the open letter to IT Minister Ravi Shankar Prasad, leading browser and software development platform like Mozilla, Microsoft-owned GitHub and Cloudflare earlier called for improved transparency by allowing the public an opportunity to see a final version of these amendments prior to their enactment.

According to a Business Insider report, Indian users may lose access to Wikipedia if the new intermediary rules for internet and social media companies are approved.

Since the rules would require the website to take down content deemed illegal by the government, it would require Wikipedia to show different content for different countries.

Anusha Alikhan, senior communications director for Wikimedia told Business Insider that the platform is built though languages and not geographies. Therefore, removing content from one country, while it is still visible to other country users may not work for the company’s model.

India is one of Wikipedia’s largest markets. Over 771 million Indian users accessed the site in just November 2019.

Also read: Explained: What is the Personal Data Protection Bill and why you should care

The Personal Data Protection Bill, 2019, which was introduced in Lok Sabha in the winter session last year, was referred to a Joint Parliamentary Committee (JPC) of both the Houses.

The government last month decided to seek views and suggestions on the Bill from individuals and associations and bodies concerned and the last date for submitting the comments was on Tuesday.

Prasad, while introducing the Personal Data Protection Bill, 2019, in the Lok Sabha on December 11, announced that the draft Bill empowers the government to ask companies including Facebook, Google and others for anonymised personal data and non-personal data.

There was a buzz when the Bill's latest version was introduced in the Lok Sabha, especially the provision seeking to allow the use of personal and non-personal data of users in some cases, especially when national security is involved.

Several legal experts red-flagged the issue and said the provision will give the government unaccounted access to personal data of users in the country.

In their submission to the JPC, several organisations also flagged that the power to collect non-personal and anonymised data by the government without notice and consent should not form part of the Bill because of issues regarding effective anonymisation and potential abuse.

"Clauses 35 and 36 of the Bill provide unbridled access to personal data to the Central Government by giving it powers to exempt its agencies from the application of the Bill on the basis of various broad worded grounds," SFLC.in, a New Delhi-based not-for-profit legal services organisation, commented.

The Software Alliance, also known as BSA, a trade group which includes tech giants such as Microsoft, IBM and Adobe, among others said that the current version of the privacy bill pose substantial challenges, including the sweeping new powers for the government to acquire non-personal data, restrictions on data transfers, and local storage requirements.

"We urge the Joint Parliamentary Committee, as it considers revisions to the Bill, to eliminate provisions concerning non-personal data from the Personal Data Protection Bill and to remove the data localisation requirements and restrictions on international data flows," said Venkatesh Krishnamoorthy, Country Manager-India, BSA.

The Personal Data Protection (PDP) Bill, 2019 draws its origins from the Justice B.N. Srikrishna Committee on data privacy, which produced a draft of legislation that was made public in 2018 ("the Srikrishna Bill").

The mandatory requirement for storing a mirror copy of all personal data in India as per Section 40 of the Srikrishna Bill has been done away with in the PDP Bill, 2019, meaning that companies like Facebook and Twitter would be able to store data of Indian users abroad if they so wish.

But the bill prohibits processing of sensitive personal data and critical personal data outside India.

What is more, what constitutes critical data has not been clearly defined.

As per the proposals, social media companies will have to modify their application as they are required to have a system in place by which a user can verify themselves.

So legal experts believe that some system to upload identification documents should be there and something like the Twitter blue tick mark should be there to identify verified accounts.

"The 2019 Bill introduces a new category of data fiduciaries called social media intermediaries ('SMIs'). SMIs are a subcategory of significant data fiduciaries ('SDFs') and will be notified by the Central government after due consultation with the DPA, or the Data Protection Authority. Clause 26(4) of the Bill defines SMIs as intermediaries who primarily or solely enable online interaction between two or more users," SFLC.in said.

"On a plain reading of the definition, online platforms like Facebook, Twitter, YouTube, TikTok, ShareChat and WhatsApp are likely to be notified as SMIs under the Bill," it added.

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Agencies
January 4,2020

Washington D.C: One of the greatest spectacles of modern art is still thriving in the Australian outback as confirmed by satellite imagery of NASA. The Marree Man is a massive geoglyph depicting an aboriginal hunter, that spans over 2.6 miles in the Southern Australian region.

Discovered by a pilot in 1998, its origin still remains a mystery even to this date.

The Marree Man was given a new lease of life in 2016 when a group of people from the neighboring town of Marree plowed its lines to avert its fading due to erosion.

After NASA shared the image of the art-work that was taken in June, the efforts of the good samaritans turned out to be a total success, reported CNN Travel.

The restoration team believes that the refurbished Marree Man would last longer than its original version.

According to NASA, "They [the team] created wind grooves, designed to trap water and encourage the growth of vegetation. They hope that eventually, the man will turn green."

In a previous article, CNN reported that an entrepreneur by the name of Dick Smith took upon himself to unravel the geoglyph's mystery in 2016. His team combed through all the available evidence but couldn't find anything conclusive.

In 2018 he even offered a 5,000 Australian dollar reward for anyone who knows the identity of its creator.

Nobody turned up with an answer but it was speculated that unknown artist lives in Alice Springs or even might be an American.

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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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