One more in these tweet threads on dissenting opinions shared to the Hindu law committee.
I like their arguments on matters of principle. Putting this here because I feel it is an understudied chapter in our history. Particularly by current day Hindus.
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It helps us understand how some of our ancestors understood the role of religion in their life.
Who said this isn't important.
Neither their stand on an issue is important. I see it as a conflict of principles.
They don't make them like this anymore.
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Here goes
"This Code robs the Hindus of the sanctity of their law, of the Sanskrit basis of their law, of the customary mouldings of the law, .."
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Sanctity is an important word.
Why is this law in English is something many questioned then.
"Customary mouldings of law" is another important phrase.
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"...of the stability of the law, of the real uniformity of its divine basis, ..."
"and of all the advantages of the law which has made the Hindu society live through history"
Divine basis - Uniformity is another interesting framing.
Unity in Diversity vs Uniformity.
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"The only way to utilize the wasted money, energy and talents on this new Code is to make it applicable only to those who get themselves registered to be governed by it. The whole thing will then be exposed"
This is a very interesting suggestion.
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Like the income tax slab system now. Pick and choose. Haha. Kidding!
"The Hindus have not made any demand for it nor do they need it"
Fair point. Hence I like reading through the dissenting opinions of that era.
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"It is not a matter for secular legislation and in our opinion it is beyond the sphere of Government's jurisdiction"
Fair point again.
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"It is not a matter for the Committee nor for majority of lay and neutral opinion. It is a matter of undeniable and inalienable cultural rights of the people"
Excellent point. But that last part is lost on us now.
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We have ceded so many parts of our religion to Courts and Legislature. Better they do it too we say looking at the "others". This is the UCC argument.
The dissenters of the past argued for the opposite.
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Question) What are our undeniable and inalienable cultural rights as Hindus today? What do we consider important? What authority do we rely on matters of religion?
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Answer) We are a liberal, constantly evolving religion. What do you mean undeniable, inalienable? Everything can be on the chopping block. We are open to negotiate by thinking logically and rationally.
We are not a fundamentalist religion like those guys.
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Question) Ok so you lack fundamentals?
Answer) How dare you say that?
Anyway I will go with whatever constitution says. I am a law abiding citizen.
Ok ok understood.
/End
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The Sadachara part is is a very Hindu innovation that constantly negotiated with diverse local customs and legitimised some, tolerated some and rejected some.
Multiplicity of Smritis also is a proof for the negotiation, tenacity, longevity etc.
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Today what is happening is that the diversity of Sadachara is being used to portray this impression that - Look there is no one rule. You can do whatever you want.
Sadachara is not Swecchachara i.e, unconstrained freedom to say muh Hinduism muh wish.
"From the inception of colonial rule, customary law was applicable on two conditions: (1) that it was not repugnant to justice, equity, or good morality and (2) that it was neither in its terms nor by necessary implication in conflict with any written law"
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"The application of the repugnancy clause has always been a source of controversy. It was observed that subjecting African customary law to a repugnancy clause and the clause being applied to African customary law by English colonial judges meant two things: "
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"(1) that customary law was inferior to the common law and (2) that the standard by which the validity of African customary law was to be determined was inevitably to be that set up by English ideas of legal norms, justice, and morality"
"We shouldn’t assume environmental and labor regulations are more stringent, or that mining is thus more responsible, in the global north. Affluent countries have their own regulatory weaknesses"
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"Take the United States, where the law regulating mining on public land dates to 1872, contains no environmental provisions, and facilitates prospecting for valuable mineral deposits without consulting or even informing Indigenous tribes,"
"Ultimately, however, at the heart of dominant conceptions of social mobility lies a gaping omission - for some to go up, others must go down. Or,to spell out an obvious but usually ignored reality,by definition not everyone can make it to the top,no matter how hard they work"
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Elementary Dr. Watson.
Just that if anyone in India says this they will hunt then down based on their Gasht.
Will check for the Gasht of this author. May be ancestors are from India.
Again am not bothered about this on an issue by issue basis. I am just amazed with how assertive some of these people were.
We look at them today as orthodox, backward, conservative, obscurantist etc
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But what are we now as Hindus. Do we have a sense of our religion as much as these people then had?
Tell me what you don't like in my religion I will reform it to make it look good is not a great long term survival strategy for any religion.
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Here goes
"So, if contemplating the interests of certain people we do not like to obey the laws of religion, the State interferes and changes the religious code, it will be bringing into existence a new veda without having the capacity of the mantradrashta .."
Law said no it is okay to give inheritance rights. Individual is free to choose their religion. Not even getting into the missionary intent here. Brahma samaj etc. Just the principle.
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"Allow it by law discourage by practice" is problematic hence because then custom loses the penalising aspect. You can't penalise by custom because they will take recourse to law. And law will beat custom with its stick.