SC to revisit judgments on Hindutva and Hinduism

The BJP had underlined one such judgment from 1995 in its election manifestos and to counter accusations of it being communal, to assert that even the apex court has endorsed the true meaning of Hindutva and Hinduism.

Written by Utkarsh Anand | New Delhi | Updated: October 16, 2016 9:34 am
supreme court judges, high court judges, judges, Supreme Court collegium, Memorandum of Procedure, judicial appointments, India news The Supreme Court bench held that “Hinduism” and “Hindutva” were not necessarily to be understood and construed narrowly, confined only to strict Hindu religious practices.

ON TUESDAY, the day it was originally slated to examine the Constitutional validity of triple talaq and polygamy, the Supreme Court will set out to analyse whether the words “Hindutva” and “Hinduism” connote the “way of life” of the Indian people and not just Hindu religious practices.

More than 20 years after a batch of judgments ruled that these words are “indicative more of a way of life of the Indian people and are not confined merely to describe persons practising the Hindu religion as a faith”, a seven-judge Constitution Bench will revisit this matter and other judgments on the issue.

The BJP, which leads the NDA government, had underlined one such judgment from 1995 in its election manifestos and to counter accusations of it being communal, to assert that even the apex court has endorsed the true meaning of Hindutva and Hinduism.

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In December 1995, Justice J S Verma, writing for a three-judge Supreme Court bench, had held that seeking votes in the name of Hinduism is not a “corrupt practice” under Section 123 of the Representation of the People Act, which would result in setting aside the election of winning candidates.

Section 123 (3-A) defines “corrupt practice” as promotion of, or attempt to promote, feelings of enmity or hatred between different classes of the citizens of India on grounds of religion, race, caste, community, or language, by a candidate or his agent.

Relying on this provision, the Bombay High Court had set aside the election of many BJP-Shiv Sena candidates in the Maharashtra assembly polls at the time.

Adjudicating on appeals by leaders such as Bal Thackerey, Manohar Joshi and R Y Prabhoo, the three-judge Supreme Court bench held that “Hinduism” and “Hindutva” were not necessarily to be understood and construed narrowly, confined only to strict Hindu religious practices.

”Unless the context of a speech indicates a contrary meaning or use, in the abstract, these terms are indicative more of a way of life of the Indian people and are not confined merely to describe persons practicing the Hindu religion as a faith,” the apex court noted.

Justice Verma said that the mere fact that these words (Hindutva or Hinduism) are used in speech would not bring them within the prohibition of sub-section (3) or (3A) of Section 123. “It may well be that these words are used in the speech to promote secularism and to emphasise the way of life of the Indian people and the Indian culture or ethos, or to criticise the policy of any political party as discriminatory or intolerant,” the court ruled.

It cited two previous five-judge bench decisions in the Sastri Yagnapurushadji and others Vs Muldas Bhudarda Vaishya and another of 1966; and the Commissioner of Wealth tax, Madras and others Vs late R Sridharan by Legal Representatives case of 1976 to support the proposition that Hinduism indicated culture and not religious practices.

The court subsequently held as valid the election of Sena’s Joshi, who had admittedly said in one of his election speeches that “the first Hindu State will be established in Maharashtra” and Ramchandra Kapse, a BJP candidate, which had in its election manifesto appealed for votes by referring to the Ram Janmabhoomi-Babri Masjid issue.

Four months after this verdict, another three-judge Supreme Court bench adjudicating the Abhiram Singh Vs C D Commachen & Ors case said that it would be appropriate if a five-judge bench examines the scope of inquiry to be conducted when such charges of “corrupt practices” are levelled.

In January 2014, when a five-judge bench was hearing this matter, the court was informed that identical issues had been raised in an election petition filed against BJP leader Sunderlal Patwa — the matter was then referred to a bench of seven judges, which will now start hearings.

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  1. I
    indian
    Oct 16, 2016 at 1:48 am
    Do they have no other work?
    Reply
    1. R
      Rafi Ahmed
      Oct 16, 2016 at 8:35 am
      Thanks for putting forth your view in decent way. It is my opinion that in this technological world quality matters more than quany and muslims are lagging far behind in it. If you really believe what you say, who prevents you from practicing the same.
      Reply
      1. I
        Inidna
        Oct 16, 2016 at 4:54 pm
        Thakur ka baap congressi that, check kar lo.
        Reply
        1. B
          Bobby Joseph
          Oct 16, 2016 at 8:20 am
          You and Narayan should have your bigoted backward arguments on TV so the rest of us can laugh our heads off!
          Reply
          1. H
            Harry
            Oct 20, 2016 at 4:59 pm
            In December 1995, Justice J S Verma, writing for a three-judge Supreme Court bench, had held that seeking votes in the name of Hinduism is not a “corrupt practice” under Section 123 of the Representation of the People Act, which would result in setting aside the election of winning candidates.lt;br/gt;lt;br/gt;WHAT IS THE NEED FROM SUPREME COURT TO REVISIT THE ISSUE? IF SUPREME COURT WANTS TO REVISIT IT'S OWN JUDGEMENT IT CAN NOT DO IT SELECTIVELY.IT SHOULD REVISIT ALL THE JUDGEMENT IT MADE IN PAST.
            Reply
            1. A
              ah
              Oct 16, 2016 at 11:48 am
              beta ............. how many wives did dashrath have???? and Shivaji Maharaj ???? ans. 4 and 8 ........
              Reply
              1. A
                ah
                Oct 16, 2016 at 6:55 am
                ha ha ha ............................ there are two Religion one foe Upper Castes called Sanatan Dharm and other for lower castes HInduism ........... there is NO origin as HINDU religion, Hind or Hindi is word Used by Persians to call those living in Indus Valley civilization ............. POOR HINDUS they do not have anything to fall back ......... they have been Programmed in their HDD that Brahmans have the Tickets to paradise ..... and instead of waking up they are BUSY with Muslim Personal laws ...... ha ha ha ha
                Reply
                1. A
                  ah
                  Oct 16, 2016 at 11:47 am
                  poor HINDU ........... Toagadia is selling something to make a man out of you ............. generally CHaddis don't marry but want NON CHADDIS to get more children ...... LOL
                  Reply
                  1. A
                    ah
                    Oct 16, 2016 at 11:43 am
                    prove me wrong .......... and y r u afraid to use your hindu name???
                    Reply
                    1. R
                      RAMESHSHARMA
                      Oct 18, 2016 at 7:10 am
                      we hindus DONOT WANT ANY BODY'S CERTIFICATE WHETHER IT IS WAY OF LIFE OR WAY OF LIVING. IT IS THE ONE OF THE OLD AND GREAT RELIGION BLESSED BY GOD WHO TAUGHT THE WAY OF LIVING. IT IS STARTED BY GOD ONLY NOT LIKE OTHER RELIGION WHO HAVENOT SEEN THEIR GODS TILL TODAY. THEY HAVE ONLY ONE GURU, BUT WE HAVE SOMANY GURUS BORNED IN OUR PUNAYBHOOMI. IT IS GREAT PLEASURE AND PROUD TO,SAY WE ARE HINDUS. SOMANY OTHER RELIGION PEOPLE ATTRACTED TO THIS RELIGION, WHO WERE NEVER CONVERTED LIKE WHAT OTHER RELIGION PEOPLE DOING.
                      Reply
                      1. K
                        Kartaar Singh
                        Oct 16, 2016 at 3:15 am
                        The main problem is not that our SC judges have vacations/holidays/breaks etc. for about 180 days every year - the proble is the mischief they do when the courts are not off !
                        Reply
                        1. B
                          Bharat
                          Oct 16, 2016 at 3:50 am
                          Courts must work for all days except one day rest as is done in railways. Courts should be free from religious bias and must take oath that they shall never be touched by religious sentiments. Religion has already done damage to world peace and million humans are suffering.
                          Reply
                          1. K
                            Kirtimaya Varma
                            Oct 16, 2016 at 10:34 am
                            Hinduism is the Hindu way of life, beliefs, and practices. Hindutva is a firm belief in Hinduism and its application in day-to-day life in all its ramifications. A unique feature of this way of life is its universality in contrast to the Islamic way of life, Christian way of life, and Jewish way of life. Hindu social aberrations like untouchablity were accretions with unknown origin and have no place in the source of Hinduism--the Vedas.
                            Reply
                            1. J
                              Jyotika Kalra
                              Oct 16, 2016 at 3:30 am
                              Utkarsh, a very well researched article- an analogy of religion-interpretation-adjudication, but I personally feel, can a verdict interpret religion, a matter of belief (which is likely to be subjective)? or should a verdict interpret a matter of belief? or if Hinduism is adjudicated upon as a culture- how the practicing hindus would be able to enjoy their rights to religion.
                              Reply
                              1. K
                                Kartha MN
                                Oct 16, 2016 at 10:02 am
                                Unfortunately Hinduism as is followed today is to do with the Sanatan Dharma. Unfortunately many without understanding revile it . In the Gita the Lord says अवजानन्ति मां मूढा मानुषीं तनु माश्रितम् परम् भावमजानन्तो मम महेश्वरम् (without knowing me the foolish insult me). This is true about Hinduism.Without properly attempting to learn or know what it stands for the uncouth insults it.Hinduism is perhaps the most broad minded way of life since time immemorial and it is never like party structure being followed by many modern religions
                                Reply
                                1. M
                                  Mukhtiar Ali
                                  Oct 16, 2016 at 10:23 am
                                  Don't you something wrong in 4 wives 'Privilege and Right' cast in the Holy (!) book? That in itself shows the mindset of a man, the way of life of Arabian desert. Many brainwashed 'Honour Killing type of men' will not like my comments. If the holy book through holy man gives the men a right to have 4 POSSESSIONs as wives why could not he be fair to allow women to have 4 men as husbands who she can marry and kick out by pronouncing three times? Even heard about ---Mut'a----Marriage?
                                  Reply
                                  1. M
                                    Mukhtiar Ali
                                    Oct 16, 2016 at 10:25 am
                                    Don't you something wrong in 4 wives 'Privilege and Right' cast in the Holy (!) book? That in itself shows the mindset of a man, the way of life of Arabian desert. Many brainwashed 'Honour Killing type of men' will not like my comments. If the holy book through holy man gives the men a right to have 4 POSSESSIONs as wives why could not he be fair to allow women to have 4 men as husbands who she can marry and kick out by pronouncing three times? Even heard about ---Mut'a----Marriage?
                                    Reply
                                    1. M
                                      Mukhtiar Ali
                                      Oct 16, 2016 at 10:16 am
                                      You started well with saying that Hindu is not a religion as are 4 religions of the world but messed up by bringing in your bias and mindset, orientation 'to remain stuck in medieval, violent and intolerant' religious club. Google the difference between Dharma and Religion to appreciate the vastness of Dharma and narrowness, cultish mindset and brainwashed sheep mentality of religions.
                                      Reply
                                      1. Y
                                        Yawar Shamsi
                                        Oct 21, 2016 at 7:58 pm
                                        Hinduism is not a religion to begin with, the mambo jumbo supersions different casts and sub caste practice in India were clubbed together by British to call it Hinduism because Arab's and Persians named this land as Hind and British labeled the people's culture as Hinduism. If supreme court believe the term Hinduism is not a religious term then that basically dissolve the religion it self from the face of the earth and any one claiming that his religion is Hinduism is committing fraud because there is no such thing as per the supreme court if India.
                                        Reply
                                        1. N
                                          narayan
                                          Oct 16, 2016 at 7:10 am
                                          Hinduisim is a great religion can with stand any aggression from any corner of the world.
                                          Reply
                                          1. N
                                            narayan
                                            Oct 16, 2016 at 7:15 am
                                            Muslim can legally marry four times and produce children as much as he could and conquer the world.(according to holy Quran)
                                            Reply
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