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 .."
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This idea of a mantradrashta (mystical seer who can see religious truths by his yogic vision) is totally lost in the social and personal sphere.
Mantras i know are for chanting in puja room and for temple/family rituals. What is this Mantradrashta? We ask today.
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Since that aspect of religion in the social and personal sphere is forgotten. We also don't understand why this man here is making such a big deal out of it when we read such today.
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"The state will have to presume further that it is competent also to, pronounce that the truths of vedic religion are false; that the vedic religion is mere mythology embodying imaginary conceptions"
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Hindus now have an easy route. They will say they don't agree with the interpretation of Vedic truths by such people who dissented then and instead say there is room for many interpretations. We need not get so worked up. We are evolving or Those lines are interpolations etc.
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"But it is well known that the greatest of modern men (learned) are ignorant of the other world and are not in a position to say that the sastras tell untruths. They are like born blind people who have to decide about the existence or otherwise of the world of colours"
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What is this other world again?
Let's be rational. Constitution is about scientific spirit. There is nothing other worldly about dull mundane matters like marriage, inheritance of property etc.
Don't understand why reference to "other world" is being brought up here we react
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This chapter of our history needs to be studied seriously by Hindus.
It is easy to mock people of other faiths saying they are book religions. Blind followers of their books etc.
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But not until too long ago we had people who clung onto their customs and Sastras the same way.
They don't make them like that anymore!
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Or may be we are also just as particular as them on our beliefs. So perhaps not much has changed. Just that instead of customs and Sastras we cling onto another book. C book?
/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.
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, .."
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.