Uniform Civil Code And Indian Secularism

Disputes over land seem to be a catalyst for almost every hostility and war since the dawn of time. The addition of politics and religion into the matter only serves to aggravate an already tense situation. Kashmir knows this all too well. The conflict between Hindus and Muslims seems to be an ever reoccurring battle. This is also evidenced in population battles. Hindus make up the social majority of the population of India by almost eighty percent. Feelings of tension and uneasiness are a natural reaction to being dominated by a majority and are a problem unto itself.

q. This shows that Nationalism still plays a large role in keeping India together, regardless of their diverse religious identities. Secularism

Abstract — Religious influence on judiciary, especially when it comes to Supreme Court Justices, is a complicated issue, and it has been controversial in U.S.. Talking about judgement for the influence, it’s not all-inclusive by only dividing them into liberals and conservatives, instead, a comprehensive approach is to focus on specific cases.

The caste system has been extremely stable in India for over two thousand years. It is only since the more modern, independent state of India was formed that the system has come under any scrutiny at all. It is presently outlawed, but many of the practices, attitudes and traditions remain ingrained in Hindu society (University of Wyoming, 1997).

Synopsis of Rule of Law. The state can't compel supported religious action on its nationals by constraining them to pick amongst participation and their own particular intrinsically secured rights.

Secularism is the indifference to or rejection of formal religion. The most secular countries today are in Europe. Secularism has become more widespread during the past century due to the rise in democracy. Democratic governments disadvantage the traditional practices of a religion because they offer freedom, whereas other forms of government may force it's population to practice a specific religion. For example, the predominance of Islam in the Middle East can be associated with the influence of Taliban, a militant movement in the area that enforces the Islamic religion.

In Hinduism, law as a matter of religious prescriptions and philosophical discourse has an illustrious history in India. Emanating from the Vedas, the Upanishads and other religious texts, it was a fertile field enriched by practitioners from different Hindu philosophical schools and late by Jain's and Buddhists. Bar Council of India, History of Hindu Law in India

Religion plays a crucial role in the daily lives of millions of people. This is even more evident in India. Hinduism and Sikhism are two very prominent religions in this nation (Pinkham, 1967). These two religions are closely linked but also have many distinct practices. Issues of the position of women in society, attitudes towards the caste system, and methods of worship are critical aspects of both religions. Among the many distinct practices that are shared between the religions of Hinduism and Sikhism is the status of women. In Hinduism, women can attain a certain status in that they can either become a nun or

Historically, India was under British rule until 1950. Many people in India felt that during British rule they were powerless (Beteille, 2010). All of the problems in the country were blamed on this helplessness (Beteille, 2010). When India became independent and developed its own constitution, a large amount of emphasis was placed on the role of government in solving social problems (Beteille, 2010). During British rule, many customs and practices in India were based on the Hindu religion (Beteille, 2010). The British left those in place, neither making them unlawful nor supporting them (Beteille, 2010). When the new government was established, the caste system that had so sharply defined India was declared unlawful (Beteille, 2010). While this was a step in the

Religion in any time and has several profound influences on its society affecting the moral codes, gender relationships, and

Hinduism is one of the most diverse religions still practiced today. They are an adaptive religion, often taking in the local Gods of its followers, leading to many branches of the religion that occur much like dialects within a language. Although it is difficult to catalog all of the Hindu Gods and Goddesses, there is estimated to be over 300 million of them. It is common for people unfamiliar with the religion to generalize all those living on the Indian subcontinent as “Hindu”, since they are usually not aware of the many religions that are practiced in India, and how similar they can be. This generalization can trace its roots back to imperial British rule of the country. In an attempt to offer their colony representation in Parliament, a census was taken of the colony to offer representation based on religion. The census did not allow for the diversity of belief that occurs under the Hindu

In order to fully understand how religion and spirituality are different, as well as how religion is exploited, one must first have an effective definition of the two terms. Religion is a certain mode of orientation towards reality (Howerth, 1983). This definition encompasses many things, and therefore personal beliefs cannot make up the whole of religion. Oftentimes, religion is seen as a moral standard for humans to evaluate their lives against. However, if one looks deeper into the reasons behind moral values, one finds that values that are virtuous are those that contribute to the development of society, and values that are dishonorable are those that impair the development of society. Religion consists of organized bodies that congregate with the purpose of creating social order (Bharati, 1971). When one looks at any religion, one can see this, but a blatant example is the religion of Hinduism. An integral part of this religion is the caste system. From an outside perspective, the caste system seems very cold and uninviting – the exact opposite of what the general public takes religion to be. However, the caste system served the purpose of organizing a society for many years (Mathur, 1974). According to the working definition of religion, the caste system of Hinduism is

As Peter Berger (1967) explained religion, it is a sacred canopy under which the entirety of life is explained and regulated. Secularization theory as explained by Weber holds that modernity challenges this sacred canopy through two major ways: increased cultural and structural pluralism and increased primacy of economic pursuits (Emerson and Hartman, 2006:129). With globalisation accelerating in the post Cold War era, causing mass migration across borders, increased interstate interaction and huge growth in the global financial market, it was predicted that religious influence would be relegated to the private sectors of social life by ripping the sacred canopy, and leaving people with, at best, sacred umbrellas (Smith 1998). Despite this, what secularization theory did not anticipate is that the demystification of the world provided within it the seeds both for the re-mystification of the world and resistance to the demystification (Berger, 1992:1). Hence the world today, with some exceptions, is as furiously religious as it ever was, in some places more so than ever (Berger, 1999:8). Since the 1970s there has been a particular rise in religious fundamentalist movements, as signalled by the Iranian Revolution in 1979 led by Ayatollah Khomeini, which led to the establishment of the first Islamic State. As Almond et al note, fundamentalist movements have risen to the highest levels of power in Sudan in 1993, Afghanistan and India in 1996, and in India again

Another deciding factor in what shapes the lives of Indians are the strict rules of their religions such as not crossing water or eating beef. Also not cutting their hair is another religious rule that must be followed for Sikhs. These rules can limit ones personal freedom or civil rights as in the case for women.

A land already divided (to the point of even having been broken up) on religion lines, the last thing one needs in the country is the existence of a law or a body of laws, that actively lay down a different set of rules for people, on the basis of their religion. The Shah Bano case stands as evidence of the unfairness that can arise without a clear-cut separation between the judiciary and the legislation. One set of women (as illustrated in this case, followers of the Islamic religion in India) would have to give up certain rights that were granted to other women in similar circumstances, on the basis of something as arbitrary as the religion that they had been born