{"id":4967,"date":"2014-05-01T22:41:43","date_gmt":"2014-05-01T17:11:43","guid":{"rendered":"http:\/\/patriotsforumindia.com\/?p=4967"},"modified":"2018-04-23T12:44:51","modified_gmt":"2018-04-23T07:14:51","slug":"is-hindu-a-religion-in-india-constitutionally","status":"publish","type":"post","link":"https:\/\/patriotsforumindia.com\/?p=4967","title":{"rendered":"Is Hindu a religion in India Constitutionally?"},"content":{"rendered":"
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\nWhat is religion?<\/p>\n

The word ‘religion’ has not been defined in the Constitution of India. The first case considered by the seven Judges’ Bench of Apex Court defined religion in the judgment,
\n(The Commissioner, Hindu Religious Endowments, Madras v. Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt. In Paragraph-17)
\nThe Apex Court has observed as follows:
\n\u201cReligion is certainly a matter of faith with individuals or communities and it is not necessarily theistic. There are well known religions in India like Budhism and Jainism which do not believe in God or in any Intelligent First Cause. A religion undoubtedly has its basis in a system of beliefs or doctrines which are regarded by those who profess that religion as conducive to their spiritual wellbeing, but it would not be correct to say that religion is nothing else but a doctrine or belief. A religion may not only lay down a code of ethical rules for its followers to accept, it might prescribe rituals and observances, ceremonies and modes of worship which are regarded as integral parts of religion, and these forms and observances might extend even to matters of food and dress.<\/p>\n

‘The term ‘religion’ as used in tax exemption law, simply includes (1) a belief, not necessarily referring to supernatural powers; (2) a cult, involving a gregarious association openly expressing the belief; (3) a system of moral practice directly resulting from an adherence to the belief; and (4) an organisation within the cult designed to observe the tenets or belief, the content of such belief being of no moment.<\/p>\n

Considering the definition of religion as settled by the Apex Court detailed above, India consists of two kinds of religions,<\/p>\n

(1) the religions born on foreign land and brought to India such religions are Islam, Christianity, Zoroastrian and Parsees and<\/p>\n

(2) religions born and developed in India which are Buddhism, Jainsim, Sikhism, Aryasamaj, Brahmsamaj, Radhaswami, Lingayats, Kabirpanth, Adwaitvad by Adi Jagat Guru Shankaracharya, Religion based on Philosophy of Ramanujacharya, other Saint; and Philosophers, Vaishnav Panth, other different religions of Bhakti Marg including Chaitanya Mahaprabhu, ISCON, Saint Nimbarkachsrya, Philosophy of Saint Ramanand, Theosophical Society of India, Nirankaris, Panth founded by Swami Vivekanand on the basis of philosophy of Rama Krishana Paramhans, Religion believing Lord Rama as God, Religion believing Lord Krishna as God, Aghorpanth, Sufism, Saint Ravidas, Saint Tukaram and other different beliefs, thoughts and religions and different religions believing on different God and Goddess, Tribals who worship the Nature, Tribals have their own God\/Goddess in India, hundreds of such Tribal groups who worship different God\/Goddess (mostly not connected with each other) throughout India from North East, West Bengal, Orissa, Kerala and Andhra Pradesh, Gujrat, Uttar Pradesh, Chhattishgarh, Jharkhand, Bihar and Madhya Pradesh. Considering the definition of religion as defined by the Apex Court, all these are religions born, developed and existing in India.<\/p>\n

Who are Hindus?<\/p>\n

\u2018Hindu\u2019 which we in India are proud to be, is not a religion! We have been filling in government forms and school \/ college admission forms \u2018Hindu\u2019 as our religion! There have been censuses undertaken where \u2018Hindu\u2019 is always listed as one of the option for religion. All the Census Reports indicate Hindu as religion of majority. We have been duped by sustained governmental efforts to believe it to be so! But, nowhere in legal framework \u2018Hindu\u2019 or \u2018Hinduism\u201d as religion has been defined. There have been several indirect references, oblique connections and long-drawn surmises in various government records, courts\u2019 orders and parliamentary records on the subject but nowhere \u2018Hindu\u2019 as religion have been defined clearly.<\/p>\n

Hinduism is a unique faith! The most obvious misconception about Hinduism is that we tend to see it as just another religion. To be precise, Hinduism is a way of life, a dharma. Dharma does not mean religion. It is the law that governs all action. Thus, contrary to popular perception, Hinduism is not just a religion in the tradition sense of the term. Out of this misinterpretation, has come most of the misconceptions about Hinduism.<\/p>\n

Western scholars regard Hinduism as a fusion or synthesis of various Indian cultures and traditions, with diverse roots and no single founder. Among its roots are the Vedic religion of the late Vedic period and its emphasis on the status of Brahmans, but also the religions of the Indus Valley Civilisation, the Sramana or renouncer traditions of north-east India, and “popular or local traditions”. This “Hindu synthesis” emerged around the beginning of the Common Era, and co-existed for several centuries with Buddhism, to finally gain the upper hand in most royal circles during the 8th century CE.
\nhttp:\/\/en.wikipedia.org\/wiki\/Hinduism
\nHinduism: A Modern Term
\nWords like Hindu or Hinduism are ananchronisms. They do not exist in the Indian cultural lexicon. People have coined them to suit their needs in different points of history. Nowhere in the scriptures is there any reference to Hinduism.
\nLegal definition of Hindu and Indian Constitution:<\/p>\n

India\u2019s Constitution does not give a definition of the term Hindu, but it does define to whom the Hindu Law applies. It has to do this because in spite of its pretence to secularism, the Indian Constitution allows Muslims, Christians and Parsis a separate Personal Law. In a way, this separate treatment of different communities merely continues the communal autonomy of castes and sects accepted in pre-modern Hindu states, but it exposes the credibility deficit of Indian secularism. At any rate, the situation is that Personal Law is divided on the basis of religion, and that one of the legal subsystems is called Hindu Law.<\/p>\n

Who is a Hindu?<\/a><\/p><\/blockquote>\n