Thursday 17 January 2019

Logicality of Sabrimala Verdict – Illogicality




Going through the Supreme Court verdict given by the Chief Justice and three of his brother judges, in Writ Petition (Civil) No. 373 of 2006 on 28 September 2018, it is amply clear that they have once and for all enacted the supremacy of the Constitution over faith. The point to be borne in mind is that Sabrimala was a case of non-Hindu female seeking rights to pray in a Hindu Temple, which the faithful of the temple were denying to females of all faiths.

The Chief Justice and his companion judges in different words unequivocally upheld that even in matters of religious faith, Governments, religious and other institutions and the people of India are bound by the constitution of the country. This historic verdict supersedes all other laws of the land and customary practices and beliefs and traditions of different religions/faith which are contrary to it.

Three hypothetical situations arising from this verdict, just for illustrative purposes, and without any intent to provoke or instigate anyone:

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Non-vegetarian Offerings to Deities

Anecdotes of non-vegetarian food being offered in temples where the presiding deities were from amongst Ganesh, Lakshmi, Vishnu, Krishna, Hanuman and Paarvati or their incarnations, were not found.

All other Hindu Gods are offered Non Vegetarian food, though the practice is not uniform and it differs as per the individual family, caste, village, and province customs. Non Vegetarian food is commonly not offered in Temples. These gods are worshiped with non vegetarian food as a family offering at homes. Of course, these practices are local and not common across India.

Hindus do have spiritual practices; where non vegetarian food is not a taboo. For instance, in “Shaktism” traditions, fish and mutton is offered to divine mother-Shakti- and also consumed by devotees. Right from hill states of Uttarakhand and Himachal Pradesh to West Bengal, Assam, Odisha, Manipur, and Tripura - one may find non vegetarian food offered to divine mother. Paradoxically, many Hindus in these states adhere to vegetarian food habits!

Would a Shakti-bhakt not have the right to pray and make holy offerings of pork and mutton to deities in shrines of all other faiths?

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Alcoholic Offerings to Deities:

Although it might seem disrespectful to arrive at a place of worship with alcohol, it’s quite the opposite at some Hindu temples. The liquor is actually an offering. At the Bhairav Temple in Delhi, people offer alcohol to the idol on Sundays. The liquor is then distributed to the devotees as "prasad".  There are temples in Ujjain and Ahmedabad too where they follow the same tradition. In a place like Gujarat where alcohol is banned for regular consumption, it is still offered to the deity as prasad. Baba Bhairon Nath, the deity of a small shrine in suburban Chembur in Mumbai receives bottles of whisky, rum, vodka and other varieties of liquor on ‘Kartik Ekadashi’. Bhairon is considered an incarnation of Lord Shiva.

Would a Shiva-bhakt or a bahirav-bhakt not have the right to pray and make holy offerings of alcohol to deities in shrines of all other faiths?

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Temple of Rats:

Karni Mata Temple, Deshnoke, Bikaner, Rajasthan is famous for approximately 25,000 black rats alongside some white rats that live, and are revered, in the temple. Many people travel great distances to pay their respects to these holy rats.

But rodents are thought to be responsible for more deaths than all the wars over the last 1,000 years. Rodents can also carry several parasites and diseases at the same time. Rodents act as vectors or reservoirs for many diseases via their ectoparasites such as fleas, ticks, lice and mites, as well as some diseases carried by mosquitoes.

Could a non-Hindu ‘good’ Samaritan create trouble by seeking intervention of the court citing risks to public health as a concern?

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Thus, on the one hand, Sabrimala verdict proclaims the triumph of women’s rights towards equality with men and on the other it establishes the supremacy of Constitutional morality over customary laws, rituals and traditions. The far reaching socio-economic and political consequences of this historic verdict will unfold themselves as the country moves forward.

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