Religion and the role of courts

In Mahabharata, we have the story of Lord Krishna who was troubled by the traditions of the gopalas, involving the offerings to Indra. He prevented them from doing the traditional sacrifice instead replacing that with more practical deeds, angering the gods. When Indra tried to punish the gopalas with rain and thunder, Bhagwan lifted the Govardhana hill and provided the lesson to gods as well as humans: Traditions need to be constantly reevaluated to make sure they are relevant.

Again Ramanuja, one of the glorious saints of Hinduism, broke tradition by uttering the name of Narayana to everyone who may hear it. His guru explicitly told him not to reveal the secret mantra to anyone.

In 1830s, Raja Ram Mohan Roy with his Brahmo Sabha moment, fought for abolishment of atrocious practices such as Sati. In the 1930s, Rajaji, the premier of Madras presidency, issued a proclamation to allow Dalit entry into Tamil Nadu's temples. Many Hindus were aghast by the move, but none of them had the spiritual competence of Rajaji. Earlier Mahatma Gandhi pushed his followers to famous satyagraha movements in Travancore to achieve the same effect.  Recently, courts ruled to allow the entry of women into Shani Shingnapur temple  and Sabarimala temple. These brought more equitability in the society as well as protected Hinduism from evangelical forces.

Few such cases have also been observed in relation to the practices of other religions, such as the landmark judgement of shah-bano, or more recently, allowing the entry of women into the inner sanctum of Haji Ali Dargah. Same would be the case when the government is now trying to abolish the practice of Triple Talaq. Injustice should not be allowed to perpetrate in the name of tradition. Immorality sanctified by tradition is still immorality.

I believe the interference of law and judiciary in the religious practices was, is and will be relevant, in the interest of both religion and its followers, to protect it from the hands of few people abusing it. The Indian constitution, or the Indian laws designed are not against Hindutva or Islam or for the matter of fact, any religion. In the 1950s, Nehru pushed through the landmark Hindu code bills that made the laws much more equitable to the Hindus. Many Hindus were agitated that Nehru was interfering in their religion, but today we already see the benefits of it helping many Hindu communities grow faster than the national average.

Across Hindu dharma, we see this scriptural guidance on breaking traditions when the traditions become too faulty, cumbersome and stiffy. Everytime dharma was disturbed, it was  restored. Hindutva was always open for new thought, science and technology. It came correcting itself wherever it was wrong, and strengthening itself wherever it wasn’t. It came evolving. Adapting to the changes in mindset, adapting to the circumstances, adapting to the socio economic conditions.. It always was open to criticism both by its followers and outsiders. Whenever it realised that something with it is wrong, it took a step to correct itself. May be the process was slow, but the result definitely was beneficial. Change came in the form of the acts of saints, or leaders, or the god himself. There is no wrong if courts are trying to bring changes in traditional practices.

“Parithranaya sadhunam Vinashaya cha dushkritam!

Dharma samstharpanarthayam.. Sambhavami yuge yuge!!”

“To protect the pious, to destroy ignorance

 and to reestablish Dharma, I shall advent myself time to time.”

May be sometimes in the form of Saints, sometimes in the form of leaders, and sometimes  in the form of law.

Jai Shri Krishna.