Myth of subjugation of Hinduism
This is with reference to an article published in the Swarajya Magazine1. The issues mentioned are already being agitated from time to time in various available legal fora. For example, the Supreme Court has already given its verdict on entry of women in Sabarimala temple, on Jallikattu and on ‘Amruta manohi’ properties of Lord Jagannath. While there is no doubt the attacks on Kashmiri Pandits in 1990 and in subsequent years are indeed unfortunate, I do not agree that Kashmir is representative of Hindu persecution, as evidence does not indicate such things happening in other States. On the constitutional issues raised, I would like to point out the following.
Firstly, there is no evidence to conclude that Hinduism is in danger, when the individuals comprising the State institutions are mostly Hindus, whether we consider the lawmakers in Parliament and State legislatures or officers in the senior civil services or police services or at the cutting edge level. It is to be noted that predominantly high number of judicial officers at all levels are Hindus and the same can be told about the fourth pillar. Therefore, if educational institutions are required to adhere to CBSE or ICSE or State Board syllabus or if they are asked to take care of the children from the poor families by RTE Act, it cannot be construed by any stretch of imagination that Hindus are under threat. It is worth noting that large number of officials of the State machinery are required to be used in making ancillary arrangements for orderly conduct of Jagannath Rath Yatra, which include regulation of the crowds outside the temple area, transport arrangements for large number of pilgrims, medical or ambulance facilities etc. Similarly, temple land disputes are being adjudicated by the designated revenue Courts in different States as per Law. Such activities do not indicate that the State is acting ‘against’ the interest of Hindus.
Secondly, there have been reform movements within the Hindu fold, not only at the level championed by Raja Ram Mohan Roy, but at all levels. For example, in Taratarini Temple of Ganjam district of Odisha, a movement against ritualistic animal sacrifice was initiated in late 1970’s and early 1980’s by Sashi Bhushan Rath and others. It resulted in the district administration issuing a formal order prohibiting animal sacrifices in January, 1981. Similar movement in case of Byaghradevi temple was launched by Padmanabha Panigrahi. In North Dinajpur Kali temple in Bengal, the temple committee banned animal sacrifice last year. 2After years of protracted efforts by dalits to gain right to enter Jagannath temple in Kendrapara district of Odisha, the officers in the administration persuaded the upper caste persons to permit the entry, backed by orders of the High Court. Prior to this, the upper caste persons had free entry while the dalits were paying obesiance through holes created on the temple wall3. In order to dissuade the people from following this practice, the then Secretary of STSC Development Department of Odisha Government went to the temple and had elaborate discussion with the opposing upper caste persons, based on the law as well as Hindu scriptures. In Vellakoil block of Thiruppur district in Tamil Nadu, the agitation of dalits seeking temple entry intensified in April this year.4 At present, the State Governments have been supporting the reform movements by taking up firm measures whenever required. If the Government completely withdraws from rendering even ancillary support to the temples, one is not sure whether larger public purpose would be served. However, there are some extremely good examples of excellent services being rendered to the pilgrims as well as in other related areas, like the case of Chilkur Balaji temple on the outskirts of Hyderabad. The role of an enlightened leadership in such temples and the possibility of what happens in the absence of such leadership in other temples, if the withdrawal of State from temples happens everywhere, are points worth engaging attention.
Thirdly, the issues of temple management are increasingly being heard by various Courts. Orders are being issued in these matters from time to time. For example, in May this year, AP High Court issued an order exempting temples with annual income less than Rs 5 lakh from making contributions to Endowments Department.5 In September this year, the Supreme Court heard a PIL on the demand to free temples from Government control.6 Tamil Nadu legislature passed a law on Jallikattu, which is under challenge in Supreme Court.7 It is also relevant to note that Supreme Court is already hearing a PIL on whether religious conversions are happening based on allurement.8
From the above it can be seen that wherever issues are being raised, there are existing avenues as per law to address them. It appears therefore that there is no need for a Constitutional amendment. But if the issues do require a Constitutional amendment, it can be done by following the due procedure, as has been done in over 100 occasions so far. The bigger question is where one is led to by raising the bogey of Hinduism being in danger. One needs to be aware of the risk of frittering away the gains of decades of reform movements within the Hindu fold. If non-issues are debated with more and more shrill voices, the real issues affecting the people at large may be hoped to be forgotten. Ignorance is spread when real issues are not debated and time is given to imaginary problems. It is a simple matter to change the name of a road from Aurangazeb to Abdul Kalam. It is a tough matter of introspection to move from an authoritarian, discriminatory and unaccountable system to a governance mechanism that is accountable, smart, transparent one that protects the rights of all citizens without any discrimination on grounds of religion, caste, language, place of birth or gender. What has strengthened Sanathan Dharma over the years is not any particular set of rulers at any given point of time, but the overall culture in which questions are raised and debated without any bar.
1https://swarajyamag.com/ideas/the-constitutional-subjugation-of-hinduism-a-hindu-cry-for-equal-rights
2https://www.thestatesman.com/bengal/north-dinajpur-temple-bans-animal-sacrifice-1503022872.html
3https://indianexpress.com/article/india/kendrapara-jagannath-temple-management-deliberates-to-remove-barricade-for-darshan-of-lord-5163553/
4https://www.thehindu.com/news/national/tamil-nadu/dalits-plan-temple-entry-agitation/article3281547.ece
5https://www.thehindu.com/news/national/andhra-pradesh/high-court-reprieve-to-temples-having-annual-income-of-up-to-5-lakh/article65411049.ece
6https://indianexpress.com/article/india/on-pil-seeking-to-free-temples-from-govt-control-sc-seeks-more-material-in-support-8125936/
7https://www.ndtv.com/india-news/jallikattu-not-a-blood-sport-says-supreme-court-on-pleas-against-bull-taming-3590312
8https://www.thehindu.com/news/national/charity-is-welcome-but-the-intention-should-not-be-religious-conversion-supreme-court/article66226160.ece
