Arjun wrote:RajeshA ji,
You've arrived quickly at where the rubber hits the road !!
- For #3 and #4, I don't visualize these 'directive principles' to translate to any actual laws on the ground, and leave it at least initially to the religions themselves to self-regulate and evolve in the right direction. But in order to facilitate the evolution, the government should encourage the publication of a high-quality independent, third-party annual (or once in few years) report from an appointed think-tank that monitors the progress of various religions on the parameters of 'indegenization' as well as adhering to principles of liberalism. Hinduism itself need not be an exception - if large-scale instances of caste-based discrimination continue on the ground for example - these would find mention in the report as a negative for Hinduism.
I once wrote a post on this issue:
Basic Freedom of Spiritual Quest: External Assessment.
Arjun wrote:I am not even so sure that having a Uniform Civil Code is really important - but even if there are separate civil codes by religion each religion needs to be encouraged as above to have a debate on moving their own marriage, inheritance and personal laws be as reflective of modern liberal and Human Rights values as possible. However, I would support a move to UCC IF either (a) there are gross violations of commonly accepted human rights standards in some personal laws OR (b) the difference in personal laws provides allure for a not insignificant section of the populace to consider converting purely on the basis of differential personal laws.
Obviously primarily any Civil Code has to abide by the fundamental rights of the individual. However considering that it is a legacy system and cannot be transformed by snapping of the fingers though legal means only, one would have to pursue other means as well and to manage the transformation as a process. The Charter of Indian Ethos anchored within the Constitution provides enough tools for the state to pursue transformational social reform, if some aspect of some community's civil code goes against the Indian Ethos.
Arjun wrote:- For #1 and #2, I strongly believe these need to become justiciable - ie transgressions need to be taken to court. As a matter of fact, as long as there is a directive principle under the Constitution, there do not even need to be any additional laws other than what is already available under existing 'hate speech' laws in India. The court just needs to recognize any usage of terminology on the lines of 'All Gods other than ---- are False' as hate speech....This is not in the least far-fetched...in fact Christian proselytizers in the UK were afraid of being taken to court on precisely this count - and got the UK to change its hate speech laws. But the loophole that allows denigration of other Gods specifically in the course of proselytism for the UK, is not present in Indian laws. I will followup with another post that references this issue in detail.
Arjun wrote:#1. No religion to be allowed to denigrate other Faiths either specifically or generally (as in Gods other than mine are False). Here Faith is defined as the key symbols of a Religion and is not equivalent to the entire religion (so it would include the Gods, Prophets, Holy Book, Places of Worship & other symbols, but not the key ideas of the religion)
#2. No religion should attempt to be monopolistic in claiming only one Path to God would lead to salvation (If #2 is considered as following from #1, this may not be required as a separate condition)
We are treading now in the area of Constitutional Philosophy.
Liberalism, as I understand it, is the protection of Individual Liberty which can be defined as
an individual's freedom to do something as long as it doesn't impinge on the freedoms guaranteed to another individual.
The most fundamental of those freedoms is the freedom of thought and by implication the freedom of belief. Religion is simply the social manifestation of that freedom of belief. That in my view is an inalienable right. A person is free to think and believe whatever he wants, without any limitation. Call it a brain in a vat situation.
So it is not the beliefs that damn a person, but rather his actions. It is with actions, that an individual can restrict or violate the freedoms of another person. Even if the freedoms of another person are not violated directly but through an intermediary, even then the individual can be held responsible for the act through the reverse transitivity of responsibility, what we know as instigation or incitement.
Incitement to Violence
If the incitement has resulted in a grave violation of some individual's rights and freedoms, especially that of life or personal safety, then the instigator should be held responsible. Why? Why is instigation or incitement a felony? - because it is not merely a freedom, but an act, an act of communication with another, an act of persuasion of the other, to violate a third person's rights. It is a case of incitement to violence. The modality is important here, and culpability can rise only as a case of the message being in obligation or even recommendation mode. It is the modality of the message which makes it actionable or not.
Even though some books are considered as persons, say the Sri Guru Granth Sahib, at an objective level it is simply a body of text. Same with the Qu'ran. These cannot be held responsible. Only individuals can be held responsible for their speech. Let's say the Qu'ran is a body of text which encourages violence. But those who composed it are already dead hence cannot be held accountable for their speech, verbal or written. But those who propagate the Qu'ran and additionally fail to distance themselves from those parts of Qu'ran which incite violence, then they are responsible for incitement of violence.
This distancing can take various forms:
- A preacher can decide to avoid any comment on the "violent parts" of the body of text.
- A preacher can decide to downplay the relevance of those "violent parts" as simply outdated, irrelevant, deprecated.
- A preacher can point to additional dogma, which repudiates the position on an issue by the Qu'ran or Hadiths, this may in fact be part and parcel of the particular sect to which the preacher belongs.
- A preacher can refer to a codified interpretion of the controversial part of the text for the sect, which entails no coercion or violence, etc.
But if he is being a literalist and an advocate of those parts of Qu'ran which prescribe violence, then he becomes culpable for the acts of all those whom he is addressing privately or in congregation.
So freedom of expression is a fundamental right, but it is moderated by both the rights of other individuals as well as by the requirements of a state's responsibility and are subject to restrictions, like divuglence of shared secrecy, incitement of violence, noise pollution, slander, etc.
Thus "incitement to violence" is a crime which directly flows from the fundamental rights of an individual in a liberal society and state.
Incitement to Hatred
Then there is the concept of "incitement to hatred". This is a problematic concept, because hatred is actually an emotion, and emotion is in the heart of the beholder. He may or may not be incited to hate. Secondly hate in itself is not a call to action. It can be contagious but it is still static contained within a subsection of society.
Now the victim of some act of discrimination, intimidation, violence, or verbal attack on one's person or extended person, i.e. family, may say that he has been a victim of hate. That is untrue. He has been a victim of discrimination, or intimidation or violence or verbal personal attack due to the willingness of the other to display such behavior, which can be based on hatred or provocation, or other personal and strategic reasons.
Moreover if the victim pleads that he has been emotionally hurt due to the behavior of another individual, that too is relative. If the victim had a different mental constitution, he would not have been hurt. So who is responsible that he has a mental constitution which allows emotional hurt. Of course, if his emotional hurt has been indirect due to some behavior against him which impinges on his fundamental rights, then yes, one can talk about it. And Freedom from Emotional Hurt is not a fundamental freedom. If emotional hurt alone is a criteria, then anybody can claim emotional hurt on the flimsiest of contexts.
As such "incitement to hatred" as a crime does not flow automatically from the fundamental rights of an individual.
State Responsibility
Of course, a state also has a responsibility towards the society, like social harmony, and some law banning "incitement to hatred" can be passed and implemented. However the state is also responsible for social reform as well as scientific advancement, and such a law cannot curtail that, especially as freedom of expression in the context of scientific inquiry, social reform and right of information is also an individual's fundamental right as well. This balancing act is where we enter the grey zone.
This is also where we diverge completely. I think, the Muslims have a fundamental right to hate the Indics, if they so wish, just as Indics have the right to hate Muslims if they so wish. I also think that the Muslims have a fundamental right to abuse Hinduism if they so wish, just as Hindus have that right as well.
It is basically the job of the state to intervene in this dynamic and consider a policy to minimize this behavior by one and sundry based on the state's national interests and responsibility - social harmony.
Here we see a frontal clash between the responsibilities of the state and the individual rights, and not between the rights of two individuals.
Blasphemy Law
Where would I draw the line?
I would say, attacking the other community or individual of another community on its symbols and icons through use of vulgarity, or in a way one knows to be appalling for the other should be discouraged. Any assertion based on historical research is however immune from such limits.
Arjun wrote:- Finally, there is one more (#5) principle that I think deserves to be included under Indian Ethos...and that is
#5. The government will take steps to actively preserve and promote the local mythology of every region across India
Even though mythology (eg Ramayana, Mahabharata) and religion are closely interlinked in the case of Hinduism, I would like to separate out what I call mythology from the rest of the faith. (PS - despite the terminology I use, I am not necessarily making any judgements on whether these events historically did occur or did not). Indian mythology is a key element of soft power that goes beyond religion, and there needs to be theme parks, movies, comics, and whole range of paraphernalia that leverages Indian mythology as themes; Indian tourism needs to leverage these themes as well. Similarly each state government would be required to promote mythology that may be quite specific to that state...
Btw, I am taking as a given the following other points you had already made in your earlier post-
RajeshA wrote:Indian Laws should specify -
o full bookkeeping and accounting obligations of religious institutions and charities
o declaration of all donations
o routing of all donations through a bank account under observation of state
o ban on all foreign donations to deny influence to foreign institutions
Moreover as I said, the state also has a Constitutional responsibility to preserve Indian Ethos as prescribed in a "Charter of Indian Ethos".
Preservation of "Indian Ethos" is a positive agenda and not a system of Donts. That means the state is supposed to assume an activist role in the preservation of Indian Ethos.
I have suggested the following in
An Activist Agenda: "The Indian Ethos Charter"
- pluralism & diversity
- preservation of culture
- mutual respect (no more calling names like kufr, etc.)
- individual pursuit of spirituality
- scientific inquiry
- equality
- individual rights
- etc.
These things can be fleshed out.
For example "Preservation of Culture" is in fact all culture that has either taken root in the Indian Subcontinent, the traditional geographic space of India, or in fact constitutes a substantial transformation of an imported culture imbibing within it existing Indian cultural elements, and otherwise does not go against the asthetics of the majority. The state can aggressively pursue such support through financial, logistic, administrative and moral means.
Support for Indian Mythology is one component. Hindu Symbology as cultural heritage can be another. Indian Music can be another still.
Propagation of Mythology can be supported without going into the spiritual aspects of it, for that would go against the secular nature of the state.