To a large extent it is about where we set the trap to catch Abrahamics. I am saying we attack where thought meets action, while you are saying we should attack where individual belief (in exclusivism) meets propagation of the same into some collective.Arjun wrote:RajeshA ji, good post !
I do have thoughts in relation to each of your points - but the only areas I see us not being fundamentally on the same page seem to be my points # 1 & 2. Let me take a further stab at getting to common ground with you on these areas-
Before diving into the nitty-gritties, some basics that would be good to get out of the way first-
1. I have no objection to the act of conversion from one faith to another, which is a basic human freedom
2. I am NOT against the right of any individual to hold exclusivist beliefs if they choose to do so on their own accord
3. I would be chary about any form of restriction on freedom of speech and expression, whether by means of hate speech laws or blasphemy laws or any other grounds whatsoever
Having said this, the grounds on which I would find exclusivist statements from preachers to a public audience, to be objectionable and amounting to criminal culpability, can be two-fold. They can either be disallowed on the basis of
1. Hate speech / blasphemy law regulation that disbars any insult to the symbols of another religion, in a public congregation or via dissemination through the media, OR
2. As a restriction on the freedom of spiritual enquiry that I have defined as a basic tenet of liberalism on the first post of this thread
At the moment Indian Constitution provides for
- Right to freedom of conscience and free profession, practice, and propagation of religion;
- Right to freedom of speech and expression
Of course an effort to curb the propagation of exclusivist thinking, begs the question, what is wrong with it. Why would that bother someone? Why would it bother you, if a group of people believe in something, in exclusivist thinking? It is simply their PoV. If the system itself allows plurality and all the rights, then this group is just one among many, with its own quirks and eccentricities.
Freedom of Spiritual Quest can be understood along various axis:Arjun wrote:I don't think you need any convincing yourself regarding the second point. Your own post Basic Freedom of Spiritual Quest: External Assessment captures this concept brilliantly and in greater detail than I could possibly have.
I would personally prefer that the criminal culpability flows from the second tenet above. It is much cleaner.....and since we don't need any hate speech laws specifically for this purpose - we can do away with the entire concept of 'hate speech regulation' other than for actual threats of violence.
A good analogy for culpability under the second tenet would be the equivalent freedom on the economic side. Freedom of entrepreneurship and 'maximising the freedom of choice' for consumers is a basic tenet of capitalist business. And yet, all economies agree on the need to establish the equivalent of a 'Monopolies and Restrictive Trade Practices Act'. What does this act say? - if a business uses 'internal mechanisms' and 'restrictive trade practices' to artificially curb the range of choice that a consumer has - then that amounts to a violation. And the penalty for the violation can, depending on severity, range from fines all the way to complete cancellation of the license of the firm to operate.
So, when a religion uses mechanisms such as 'All Gods other than ---- are False' or 'There is ONLY one way to salvation' these need to be recognized as artificial barriers that place curbs on the range of choices available to end consumers of that religion. The culpability is NOT with the consumer - it is with the salesmen of that religion (ie the preachers). So, taking the analogy further - it is perfectly fine if I as a consumer of toothpaste believe Colgate to be better than any other and if I want to use only Colgate and not look at any other paste for the rest of my life - but if Colgate decided to market its product using unethical and restrictive trade practices then the company would be culpable. So, basically this restriction on preachers and proseletyzers usage of language would hold for any public gathering where they preach (including inside their own churches / mosques) or if they use these fraudulent messages in the act of selling their product (ie during proseletyzation).
The only small drawback to using the second tenet above is that there is no legal precedence yet - but that is certainly not an insurmountable challenge once the directive principle is clearly established.
- External - whether the Right of Spiritual Quest of others is being restricted.
- Analysis of Doctrine - whether within the religion itself, there is insufficient freedom to question doctrine.
- Synthesis of Doctrine - whether within the religion itself, there is insufficient freedom to look for alternate paths or variations. This is about the right of some individual of subgroup to form their own sect, and create the content of their beliefs through mixing various influences, and still be able to identify themselves with that group and to use the groups privileges (places of worship, allowances, Hajj, etc.)
- Exit - whether a member of the group is not being allowed to exit the group and go for alternate quest.
So in a pluralist state and society such as India, where Muslims are a minority, they are not able to restrict the Freedom of Spiritual Quest for the others. And in places in India where they do so, through intimidation, etc. they become culpable of a crime. How Islam behaves outside India cannot be legislated in India.
Also as far as analysis of content of a particular religion is concerned, the religion may have the right to not inform the others of its various intricacies, but at no point in time, can a religious group threaten or intimidate its followers, because that would violate the right to life and to physical safety of the person.
As far as creating sects is concerned, it is basically a question of dominance of a particular sect, and that sect may dictate the rules, and privileges. However a sect may not bar another sect from calling themselves whatever they want. An example is that of Ahmediyyas in Pakistan. If Ahmediyyas want to call themselves Muslims, then it is their right. The state should give them what is their due. Sunnis cannot declare Ahmediyyas non-Muslims, and force the state to make that distinction as well, leading to possible discrimination and even danger to life.
Threat of Punishment for Apostasy violates the Right to Spiritual Quest the most, and not just that right.
So the intimidation and threats and violence can be punished by normal law. That in itself does not require any new legislation. That is a question of the state making its presence felt.
If a preacher as much as threatens violence on non-believers, on apostates or on blasphemers, he can be stripped of his right to preach, and he can be discharged from his duties as preacher, the management of the mosque or madrassa, or any other place of doctrinal learning and exercise, where he is engaged can be changed.
Your analogy of 'Monopolies and Restrictive Trade Practices Act' is valid for Behavior and not Doctrine. If some mosque does not allow a different place of religious worship to be built outside its area of jurisdiction, or if the workers of the mosque deliberately stop people from going to this other place, or threaten them, then it comes into effect.
Exclusivism is part of the Doctrine - My God is the only true God. It is part of the package. It is part of the product the religious ideology peddles.
Its like Hinduism offers Cars, Trains, Three-wheel Rickshaws, Bicycles, etc. but Islam offers only a Monocycle. The consumer has a choice. He can go to the company which offers only one product or to the other one. Just because Islam offers one single standard product, does not mean that that in itself is restricting others from having multiple wheeled vehicles or prohibiting someone from trying out the other product. Islam can have a viewpoint that Monocycles are the best mode of transport, but then that is their opinion, and they are allowed to have their opinions.
So if Islam is using monopolistic, restrictive, unethical practices for its propagation and exercise, then the question is: does it have to do with their exclusivism and Monotheism or with some other factor? I would say that it has more to do with its aggressive memes. It is not a case where they say, "There is only one God and he is Allah", but rather "There is only one God and he is Allah, and anybody who does not believe in that is wajib-ul-qatl or has to pay jiziya!"
It is the coercive behavior in Islam that one needs to change and not their mythology and spirituality. It is this behavior which restricts the freedom of spiritual quest, and not exclusivism.
And the way to encourage that the Muslims become Indic-compatible is through state support to those sects and groups within Islam who are willing to support that agenda and due to extra funding are capable of attracting many Muslim followers to their sect. The 'Charter of Indian Ethos' allows the State to support such a sect.
Arjun ji,Arjun wrote:The reason I was suggesting the first route ( the 'hate speech' route) was that even though I personally don't prefer that route - the legal base already exists on that side. The Indian 'hate speech' law disallows any insults to a religion - and if you see the case history that I had attached for the UK - a case for establishing language such as 'The only way to God is through his son,......' as an insult to non-believers can be made quite easily.
I would personally prefer the US model - the US is the ONLY country that has no 'hate speech' regulation whatsoever. As a liberal, that is THE standard to aim for...Like you, I have absolutely no objection to anyone being able to criticize any aspect of any religion...and I would go further - I don't think true Hindus have any 'blasphemable' concepts and we should, in fact, be holding others to this high standard of liberality.
if I say, my wife is the most beautiful woman on the planet, would that insult you?! You would think, "gosh he is in love", and not, "how can he say something like that about the other women"!
Somebody who wants to play insulted, would find an excuse, and we Hindus should not even feel that Islam can in some way insult us, and certainly not by saying that their God is the only true God.
If they feel we don't pray to some true God, then let them think so. Their opinion about our spirituality is of no concern to us. It is only when they discriminate, or intimidate or attack us that their behavior becomes of concern and then one retaliates according to law, either of the state or of the jungle.
It is not their exclusivist doctrine per se which curtails freedom of spiritual query but rather their "requirement" of enforcing it and the means they use for the purpose.Arjun wrote:To summarize - there are two routes (the 'hate speech' route & the 'freedom of spiritual enquiry' route) under which exclusivist preachings can be barred. I would highly prefer the second route myself - but the legal base and precedence is probably higher under the first route which is the only reason I mentioned it in my earlier post.
Even if the "Exclusivist Doctrine" was the genie we wanted to put into the bottle, it is still difficult to argue that exclusivism is the culprit for the lack of freedom of spiritual inquiry in Abrahamic religions. It could be any number of factors which hinder spiritual inquiry, many of them political in nature.
It is even more difficult that the worldview of a group can constitute hate speech, as long as the assertion is about one's own beliefs and not a commentary on the beliefs of the others. For in that case it is simply a PoV of a group. Sure if they start saying polytheists are vermins and mad dogs, then that may constitute hate speech, but I don't think Exclusivism really meets the bar.