Hindu way of life cannot be branded anti-secular - T. N. Pandey - Article published in Business Advisor, dated November 25, 2016 - http://www.magzter.com/IN/Shrinikethan/Business-Advisor/Business/

1. Volume XVII Part 4 November 25, 2016 3 Business Advisor
Hindu way of life cannot be branded anti-
secular
T. N. Pandey
Whenever a citizen of India expresses views on Hindu
way of life and adherence to its values, he is branded as
an anti-secular person, acting against secular principles
enshrined in the Constitution of India. Some weeks
back, Dr Subramanian Swamy made statements
concerning construction of Ram Temple at Ayodhya by
the year end and this evoked vociferous adverse
comments from some political parties and persons
labeling the same as communal and anti-secular despite
the fact that, in a seminar in Delhi University hall on 09.01.2016, he
clarified that the temple will be constructed, not forcibly but after winning
the legal battle pending before the Supreme Court. Yet, some sections of the
students staged protests, shouting slogans and charging the BJP-led Govt.
of polarising the minds and intending to disturb the communal harmony.
This raises the broader issue whether the followers of Hinduism,
constituting nearly 80% of the population of India, are not entitled to build a
temple for worship when the Apex Court of the country in a series of
decisions has held that Hinduism „does not satisfy the narrow traditional
features of any religion or creed and broadly can be described as a way of
life and nothing more‟ [vide Gajendragadkar C.J. of the Supreme Court in
Sastri Y. and Ors. v. Muldas Bhudardas Vaishya &Anr., AIR 1966 SC 1119].
[2] There have been umpteen debates, discussions and elucidations in
dictionaries and by academicians, learned authors and courts as to who are
„Hindus‟ and what „Hinduism‟ means. The Encyclopedia of Religion and
Ethics, in Vol.VI has described „Hinduism as that form of religion, which
prevails amongst the vast majority of the present population of the Indian
Empire‟ (p.686). According to Dr Radhakrishnan, „The Hindu civilisation is
so called since its original founders or earliest followers occupied the
territory drained by the Sindhu (the Indus) river system comprising NEFP
and Punjab. This is recorded in the Rigveda – the oldest of the Vedas, the
Hindu Scriptures, which give their name to this period of Indian history.
The people on the Indian side of the Sindhu were called Hindu by the
Persian and the later Western Invaders [“The Hindu way of Life” by Dr
Radhakrishnan] (p.12)‟.
The genesis of the term „Hindu‟ has been explained by M. Williams thus:-

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“…The Hindu religion is a reflection of the composite character of Hindus, who
are not one people but many. It is based on the idea of universal receptivity. It
has aimed at accommodating itself to circumstances and has carried on the
process of adaptation through more than 3,000 years. It has first borne with
and then, so to speak imbibed, digested and assimilated something from all
creeds [Religions Thought and Life in India by Monier Williams (p.57)].”
[4] Mulla in his „Principles of Hindu Law‟ at page 671 (14th edition) has
explained the concept of Hindu thus:-
“The word „Hindu‟ does not denote any particular religion or community.
During the last hundred years and more, it has been a nomenclature used to
refer comprehensively to various categories of people for purposes of personal
law. It has been applied to dissenters and non-conformists and even to those,
who have entirely repudiated Brahmanism. It has been applied to various
religious sects and bodies, which at various periods and in circumstances
developed out of or split off from, the Hindu system but whose members have
nevertheless continued to live under the Hindu law and the Courts have
generally put a liberal construction upon enactments relating to the personal
laws applicable to Hindus.”
[5] Toynbee in “The Present Day Experiment in Western Civilisation” has
elaborated about Hinduism in the following manner:-
“When we pass from the plane of social practice to the plane of intellectual
outlook, Hinduism too comes out well by comparison with the religions and
ideologies of the South-West Asian group. In contrast to these, Hinduism has
the same outlook as the pre-Christian and pre-Muslim religions and
philosophies of the Western half of the world. Like them, Hinduism takes it for
granted that there is more than one valid approach to truth and to salvation
and that these different approaches are not only compatible with each other,
but are complementary [pp.48-49].”
[6] In a two-judge decision, pronounced on 16.12.2015, Ranjan Gogai, J.,
“The word „Hindu‟ does not denote any particular religion or
community. During the last hundred years and more, it has
been a nomenclature used to refer comprehensively to
various categories of people for purposes of personal law…”

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again reiterated the broader concept of Hinduism thus:-
“Hinduism, as a religion, incorporates all forms of belief without mandating
the selection or elimination of any one single belief. It is a religion that has no
single founder; no single scripture and no single set of teachings. It has been
described as Sanatan Dharma, namely, eternal faith, as it is the collective
wisdom and inspiration of the centuries that Hinduism seeks to preach and
propagate.”
[6.1] A religion thus described cannot be „anti-secular‟ or „communal‟.
[7] Now, it needs to be seen what could be considered „secularism‟ in the
context of Indian Constitution?
In the Constitutional scheme, secularism is something which guarantees
equality in the matter of religion to all individuals and groups irrespective of
their faith emphasising that there is no religion of the State itself. The
Preamble of the Constitution read in particular with Articles 25 to 28
emphasises this aspect and indicates that it is in this manner the concept of
secularism embodied in the constitutional scheme as a creed adopted by the
Indian people has to be understood while examining the constitutional
validity of any legislation on the touchstone of the Constitution. The concept
of secularism is one of the right to equality woven as the central golden
thread in the fabric depicting the pattern of the scheme in our Constitution
[Dr. M. Ismali Faruqui v. UOI, AIR 1995SC 605 – The Ayodhya case].
[7.1] From the concepts of Hindu & Hinduism and secularism explained,
the desire to construct a temple of „Ram‟ as per court‟s decision or speaking
about it, cannot be branded as anti-secular specially in the background of
Articles 25 to 30 of the Constitution, providing fundamental right to freedom
of religion.
In Bhagwan Koer v. J.C. Bose, ILR 1904 Cal 11, it was held that Hindu
religion is marvelously catholic. Its ideology is marked by eclecticism and
tolerance and almost unlimited freedom of privilege worship….
[7.2] In Dr Ramesh Yeshwant Prabhoo v. Prabhakar Kashinath Kunte & Ors.
In the Constitutional scheme, secularism is something which
guarantees equality in the matter of religion to all individuals
and groups irrespective of their faith emphasising that there
is no religion of the State itself.

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with Bal Thackeray v. P. Kashinath Kunte & Ors., AIR1996 SC 113, dealing
with Representation of People Act – section 123 – sub-sections (3) & (3A), a
3 judges Bench of the SC, headed by J.S. Verma J., has said that mere use
of the word „Hindutva‟ or „Hinduism‟ or mention of any religion in an election
speech does not bring it within the net of sub-section (3) and/or sub-section
(3A) of section 123 unless the speech can be construed as an appeal to vote
for a candidate on the ground that he is a Hindu or refrain from voting on
the ground that he is a non-Hindu.
[8] Concluding comments
The foregoing discussion demonstrates that it is a fallacy as well as an error
of law to presume that any reference to Hindu, Hinduism or Hindutva in
any conversation or speech is opposed to the other religions or that the use
of these words per se depicts an attitude of hostility to others, practicing
other religions. All matters are to be examined in this background. Use of
these words cannot be taken as professing of communalism.
[8.1] As regards secularism, the elucidation given earlier, shows that the
essentials to ensure secularity mentioned in the Preamble to the
Constitution are:-
*Equality in the matter of religion;
*There is no religion of the State itself.
[8.2] The Preamble read in particular with Articles 25 to 30 of the
Constitution emphasises the right to practise any religion one likes.
Secularism is merely one facet of the right of equality woven as the Central
Golden threat in the fabric, depicting the pattern of the scheme in the
Constitution. In his “Indian Muslims - the need for a positive outlook”,
Maulana Wahiduddin Khan (1994) has said, “ordinarily Hindutva is
understood as a way of life or state of mind and it is not to be equated with
or understood as religious Hindu fundamentalism”.
[8.3] Bharucha, J. in Dr M. Ismali Faruqui‟s case (supra) in the separate
opinion for himself and Ahmadji, J. (as he then was), observed as under:-
The Preamble read in particular with Articles 25 to 30 of the
Constitution emphasises the right to practise any religion one
likes.

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“Hinduism is a tolerant faith. It is that tolerance that has enabled Islam,
Christianity, Zoroastrianism, Judaism, Buddhism, Jainism and Sikhism to
find shelter and support upon this land…”
[8.4] occasionally, objections are raised when certain writings of great
authors of some religions are prescribed in school/ college syllabi by the
Govt. on the ground that such action is anti-secular because these are
religious instructions. The reply to this has been given by the SC in the case
of DAV College v. State of Punjab [AIR 1971 SC 1731], where objections were
taken to a provision in the Gurunanak University, Amritsar Act of 1969 for
study and research on the lines and teachings of Gurunanak and their
cultural and religious impact in the context of national and world
civilisations on the ground that such a provision would propagate Sikh
religion and would violate the rights of Writ Petitioners guaranteed under
Article 30(1) of the Constitution. The violation of Articles 14 & 19(1)(c) was
also pleaded. The Constitution Bench of the SC repelled the challenges
saying:-
“Religious instruction is that which is imparted for inculcating the tenets,
rituals, the observances, ceremonies and modes of worship of a particular
section or denomination. To provide for academic study of life and teaching or
the philosophy and culture of any great saint of India in relation to or the
impact on the Indian and world civilisations cannot be considered as making
provision for religious instructions.”
Hinduism, having been described as a way of life, prescription to improve it
cannot be anti-secular. Secularism has been inserted in the Preamble by
reason of the Constitution (42nd Amendment) Act, 1976. The object of
inserting the said word was to spell out expressly the high ideas of
secularism and the integrity of the nation. Secularism does not mean the
constitution of an atheist or theocratic society. It merely means equal status
of all religions without any preference in favour of or discrimination against
any of them [M.P. Gopal Krishna v. State of Kerala, AIR 205SC 3053].
(T. N. Pandey is Former Chairman, Central Board of Direct Taxes.)
Hinduism, having been described as a way of life,
prescription to improve it cannot be anti-secular.