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ISSUES |
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HINDU DHARMA VIS-a-VIS RELIGIOUS THEOLOGIES
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"The religious theologies of two
major aggressive traditions have brought about destruction
to humanity much more than any other one culture or religion."
Swami Dayananda Saraswati
(Excerpted from: "Arsha Vidya Newsletter", November
2003)
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There are
a number of unique things in our culture. Everything about us
is unique. The way we dress is unique. Our music is unique.
Nowhere in the world, the music has defined rags. There are
many forms of music all over the world, but nowhere are the
ascending and descending notes as we have. Our indifference
to our riches, of course, is unique! |
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I have so
much to talk about this uniqueness in our culture and today
I would like to share with you what we call dharma. The world
religions have no concept of dharma. It is startling. I have
been attending the World Religious Conferences. |
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During
the middle of December, I will be going to Jerusalem to attend
a World Religious Leaders' Conference representing the Hindu
religion. The Chief Rabbi of Israel and one or two other Jewish
religious leaders, who are the members of this Council and some
Muslim leaders are meeting at Jerusalem to find some solution
to current problems. Do you think it is possible? I know it
is not possible, I know it can never happen, but I cannot give
up an attempt to make it possible. |
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Only Hindu
religion can make it possible. Others are all contending forces.
The unifying force is only Hindu religion. It is startling.
When I sat with all these religious leaders, I asked them, "Can
you name a few values that are acceptable to all of us. Before
forming the council of wold religions, let us identify some
universal values", I asked the leaders in the first meeting.
They said, "Let us move to the next item." This is
because they cannot identify one thing common to all. |
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I proposed
ahimsa. For us, ahimsa is paramo dharma. It is not that somebody;
gives a slap on your right cheek and you show the left one.
That is not our ahimsa. That is why they do not follow anything. |
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One fellow
asked me this question, "Swamiji, you say, you are a Sadhu.
Who is a Sadhu?" I said, "Sadhu is a saint."
"You are a Sadhu?" he asked. "Yes." "Suppose
somebody gives you a slap on your right cheek, will you show
your left cheek?" Because somewhere it is said that when
somebody gives you a slap on the right cheek, you are supposed
to show your left cheek. "So, will you accept it?" |
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Now I have
a problem. I am a Sadhu; I have to prove myself to be a Sadhu.
If I say 'yes', then he may try to prove whether it is true
or not and I will be inviting trouble. If I say 'no', then I
am not a Sadhu. This is really a problem. |
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It is something
like this. Somebody asked, "Will you go in front of a fool,
or will you walk behind him?' If you go in front, I am the leader.
If I walk behind, I am a follower. It is a problem. |
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This fellow
was very clever. I told him, "I won't get the first one.
Why should I get the first one on my right cheek? I will behave
in such a way I won't attract the first one". That is the
answer. |
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"Allowing
people to trample upon our toes is not our concept of ahimsa.
For us, this value is universal. We do not follow double standards.
We do not have one type of value for Hindus and another type
of value for non-Hindus. When hey do not follow the same thing
that we have, then we are in trouble. That is what is happening
to Hindus. We are in constant trouble because we follow universal
values. And they go on trampling and bulldozing our culture
wherever it is possible, and this kind of thing has been happening. |
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When I
asked them, "Can you accept ahimsa, not hurting? All of
them were silent. There were big Muslim leaders. There were
leaders from Jewish tradition; they accepted. Parsi leaders
accepted it. So too some other leaders of small groups of people
accepted. But the leaders of two aggressive traditions did not
accept it. Catholic did not accept, Protestants did not accept,
and Muslims did not accept. None of them accepted the universal
value of ahimsa. It was startling to me. |
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Then I
tried another thing. "Will you accept mutual respect of
religions?" I asked, because we are sitting in a world
council, we are sitting at the same table. And they said, "We
respect freedom of religion." Think of that. Freedom religion
means freedom to destroy me; that is the freedom. "We accept
freedom of religion, but not mutual respect of religion."
It is because they have to convert. It is because they have
to proselytize. It does not recognize other religions because
God has given them the mandate. And so too, every denomination
of Christianity. |
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Why I am
telling you this is because, for them, there is no universal
value called Samanya Dharma. That was startling thing to me.
I knew, but I thought that in the Council of World Religions,
the leaders who are representatives of their religions would
at least concede this mutual respect and ahimsa. They do not.
Then, what is it that we are meeting for, I do not know. Mine
was a lone pleading voice. Big voice I have got that is all;
it was a lonely voice. Nobody else agrees, except a few leaders
who themselves are converted people and who want to go back
to their native religions. Such people are available here and
there. |
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We have
Samanya Dharma. Samanya means samanam, (common) for the entire
humanity. You talk to anybody, "Do you want to get hurt?"
The reply is, "No." "Do you want to be cheated?"
The reply is, "No." "Do you want to be robbed?
Do your land to be encroached upon? Do you want to be lied to?
And do you want to be exploited when you are in a weak situation?"
The answer is always, "No, no, no, no," from everybody.
This is not taught by anybody. This is by common sense. |
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This common
sense born structure of value system has got to be there, in
as much as human being has got choice. He has got a free will.
If you have a free wheel, a lot of speed and a lot of power,
you must have a gear and a brake system, correct? Sometimes
you have to back up, sometimes you have to turn left; sometimes
you have to stop. So, this break system is a must, a gearbox
is a must. We have that brake system. We are endowed with the
faculty of choice. We need to choose our food. What do you eat,
when do you eat, where do you eat. How much do you eat, how
often do you eat, how much do you eat? Everything, we have to
choose. When there is a choice, I should say yes to something.
Therefore, that capacity has to be from within, not from outside.
Every individual has got a brake system given by Iswara. |
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Religious
theologies of the two major aggressive traditions have brought
about destruction to humanity much more than any other one culture
or religion. In fact, even the holocaust in Germany and Poland,
is all because of religions. In Goa, millions were destroyed,
you do not know. This is much more than the holocaust. Millions
were destroyed and we are going to create a museum in this country
about the holocaust that we had in Goa and other areas. It was
religious genocide. There was total destruction much more than
what happened in Europe during Hitler'' rule. |
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The destruction
caused during Aurangazeb's time is never talked about. Now it
is all the more important for the Hindu voice to be heard than
ever before. The Hindu voice is dharma. The two religious traditions
do look upon the world as meant for human consumption. God created
the world for man to eat it up. Animals can be eaten. They are
meant for eating by human beings. Some are not eaten because
the meat is not interesting, that is all - until you develop
a taste for it. Nothing is prohibited. Anything that swims,
that flies, that crawls, that walks can be eaten. Only that
which talks cannot be eaten. That is because of the fear of
criminal case. |
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For us (the
Hindus), this jagat is a manifestation of Ishwara. You talk
to any villager in this country, "Hey, Arumugam, where
is God." He never went to school even for shelter during
rains, because there is no school to go for shelter anywhere.
We know it first hand. He will look at you up and down. He does
not even understand the validity of the question. Where God
is, not our question. Our question back is "What is not
God?" That is Hindu religion. |
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God cannot
be sitting in one corner in heaven. They say that. Where is
He? We look up. Then, I have to ask heaven should be a big place
because all of us are going there. If we are all Hindus, we
do not go. And all others are going there`, and if all of them
end up in heaven, what is His address? It may be a huge planet
and at the other end, He may be there. Then, I have to ask for
locality. Then, afterwards I should ask for the street, house
number, the floor and the apartment number. It must be a big
apartment with so many rooms. Another interesting thing is,
they say, He is formless. A formless person needs a location!
They say the formless God is male!! This also I talked in the
World Council of Religious Leaders. |
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I say this
all because you are bombarded every day and you need to know.
I do not come and bombard you every day. I do not ask them,
"Please give me time so that I can discuss with you about
God." They come and ask us. No physics professor goes and
knocks at the doors of anybody asking for time so that he can
discuss about particles. You should go and ask him what are
particles. He does not knock at your doors. This is our tradition.
We do not knock at others' doors. |
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That is
why I want to tell you that Dharma for us is universal. It is
the same for everybody. Whether you profess this faith or that
faith, it should be common for all. I can grant freedom for
you to believe whatever you want. I give you the freedom. But
at the same time recognize dharma. It is very important. |
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Everyone
is a born consumer. Everybody, as a child, is a consumer and
does not contribute anything. As an adult, you are not only
a consumer but also a contributor. The Western society is indulging
in consumerism. It gives a card. You need not have money, but
you buy. And pay through you nose every month, and this is consumerism!
This is not our culture. We earn, we save, we cut our coat according
to the cloth and we try to slim, not to grow. Therefore, our
culture is entirely different. Even economically, they are learning
now. The economics of Hindu society are much more precious for
the world to learn. Consumerism has brought in problems after
problems. |
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Growth lies
in your contribution. This is our culture. You contribute more
than what you consume. You are then a grown up person. Gandhiji
was a great leader in our country because he tried to contribute
more than what he consumed. We worship cows not just because
we take its milk etc. Not only that. It consumes simple grass,
and afterwards gives life-saving, nourishing milk. And, therefore,
we say that is a symbol of our culture. Consume less and give
everything. Correct? That is our culture. That is why the cows
should not be allowed to be slaughtered. It is a symbol of our
culture. We have a sentiment for that. And that inner growth
does not happen, sir. You need to be a contributor. You need
to grow and you will grow into the status of a contributor only
when you do not grumble and come to know about yourself and
your culture. You have to look into your culture, for there
is so much to learn; there is so much to discover. Our own riches
embarrass us. |
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Be a contributor.
In the process, you also grow. And you also help people who
need to be cared, and in the process you get cared also. With
this appeal, I just thank you all and I thank the Lord that
we are able to do all this. |
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THE SPECTRE OF RELIGIOUS FREEDOM
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Swami Dayananda Saraswati
(Courtesy: New Indian Express, June 16, 2003)
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The recent Papal contention
that there is prohibition of religious freedom in India is an
allegation to be taken seriously by the State as well as the
Indian people. Addressing the Bishops of India during their
ad limina visit to the Vatican, the Pope charged that the "free
exercise of the natural right to religious freedom" is
prohibited in India. A similar concern was registered in the
latest report of the United States Commission on International
Religious Freedom (USCIRF), which declared India as a Country
of Particular Concern (CPC). |
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Both the Vatican and the U.S. Commission have cited the introduction
of "anti-conversion" bills in some Indian States
as the basis for their conclusions. To those who care to read
these bills, however, it is clear that they do show a clear
intent to make "the use of force or allurement or fraudulent
means" unlawful in conversion activities (Tamil Nadu
Ordinance No.9 of 2002). What just-minded person would not
applaud a State's efforts to prohibit the use of such means,
especially in the sphere of religion? Is it not, then, an
embarrassment to those involved in religious conversion activities
that the state finds it necessary to issue an ordinance specifically
prohibiting these means on their behalf?
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Christian Missionaries have always assumed complete freedom
to evangelize and convert any non-Christian society. And,
history has shown that they have felt entitled to do so by
any means. They honestly feel that it is not only their right,
but their solemn duty to convert, not just individuals, but
entire nations. Their scripture enjoins them, and the current
Pope repeatedly reminds them to "Go therefore and make
disciples of all nations (Mt.28: 20)." This perception
of religious freedom needs an objective examination inasmuch
as it engenders deep hurt and attracts bitter opposition from
the adherents of other religions.
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In my perception there is religious freedom in any country
wherein one is free to live one's religious life without being
inhibited by State legislation or being subject to organized
persecutions from the people of any religious, political,
socio-economic or ethnic community. One would think that all
those who desire freedom of religion would find this a reasonable
and accurate perception. But, this freedom is not adequate
for some; it does not include the freedom to evangelize and
convert.
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I want to be clear about what I mean by 'evangelize and convert'.
I do not mean that one should not have the freedom to "manifest
one's religion or belief in teaching, practice, worship and
observance," as stipulated in Article 18 of the United
Nations Universal Declaration of Human Rights. This is an
inalienable right, a sacred right, of all human beings that
is to be cherished and protected. However, one who considers
oneself subject to a religious mandate to convert people of
other religions to one's own has a world-view that does not
permit religious freedom. His/her inner religious landscape
does not have any legitimate place for the practice of religions
other than his/her own. Thus, as a person, one does not have
the inner space to grant freedom to people to pursue other
religions. It is not possible, either religiously or psychologically.
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When the practice of one's religion involves evangelizing
in order to bring outsiders into one's fold of believers,
one is bound to become blind to a certain truth. One cannot,
under these circumstances, recognize that one is intruding
into the sanctity of the inner religious space of others.
The blindness is evident when, in the same address, one can
make a passionate appeal for evangelization, and also, for
a democracy to support it that has "respect for religious
freedom, for this is the right which touches on the individual's
most private and sovereign interior freedom" (Address
of Pope John Paul II to the New Ambassador of India, 13 December
2002 cited in address to Bishops of India, May 2003). While
recognizing an individual's religious freedom as "most
private and sovereign," there is, at the same time, an
exhortation to invade this private, sacred space. In other
words, to trample upon the very freedom one allegedly wishes
to preserve. The contradiction reveals obtuseness in the extreme,
a double standard, or a form of religious arrogance that is
commonly known as fundamentalism.
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I have no intention of disparaging any religion here, but
rather, to be very clear about certain realities. Integral
to a converting religion is conversion. And, a commitment
to conversion involves certain unavoidable assumptions. Even
when there is no visible attempt to evangelize and convert
at a given time and place, the lull is not due to any newly
discovered tolerance towards other religions. The underlying
assumptions and commitment do not allow for that. The lull
is only a strategic wait, biding time for the moment when
there is the desired "religious freedom".
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Ethnic religions the world over do not now, nor have they
ever evangelized. Why? In the minds of the people given to
these traditions there is total absence of religious intolerance.
The tenets and mores of those traditions have allowed the
people who hold them to naturally grant total freedom to others
to practice their religion. It is never an issue. But, this
unquestioned granting of religious freedom has given the initial
thumb-space for the aggressive traditions to evangelize, convert
and erase indigenous religions and their cultures from many
countries, and even some continents. This is a crucial fact
that, if overlooked, can, and has distorted the perception
of the situation. It is so important to understand that today;
an objection to conversion from any indigenous religious leadership
is an urgently necessary and long-overdue assertion, not a
violation, of human rights. In all fairness, such an objection
could not be further from being a violation of human rights,
much less religious fundamentalism.
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I know that a Hindu is free from any malice toward any form
of religious practice. I also know that there is no religious
mandate in the Hindu Dharma to bring other religionists to
the Hindu fold. Therefore, a Hindu is fundamentally accommodative
in terms of religious pursuits. And, it is common knowledge
that, because of this, India has been the historical refuge
of the religiously persecuted and disenfranchised. Yet, if
a Hindu wants his or her religious privacy respected and not
intruded upon, immediately the spectre of "religious
freedom" is raised at all possible levels of legal as
well as public forums. This extends well beyond our domestic
borders and has far-reaching consequences for our quality
of life. The United States Commission on International Religious
Freedom recommends that its Government utilize various tools,
such as economic sanctions, to exert pressure on Countries
of Particular Concern (CPC), like India, in order to ensure
adequate "religious freedom" for their evangelism
and conversion programmes. A deeper analysis of the facts
reveals that such measures are clearly unjust.
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If Pope John Paul II could heed
his own words in his recent address to the Bishops of India
on their ad limina visit to the Vatican, the interests of peaceful
coexistence of religions, and of people of goodwill everywhere
would be well served. On that occasion, the Pontiff said to
the Bishops of India, "To love the least among us without
expecting anything in return is truly to love Christ."
In the current climate, this appears to be a tall order for
evangelizing religions. Hindus in India, on the other hand,
have been accommodating religions of all stripes with extraordinary
grace for centuries, and if allowed, will continue to do so
for centuries to come. This in no way, however, should be construed
as a license for abuses such as those prohibited in the conversion
ordinances. Nor could a protest against such abuses be construed,
by decent people anywhere, as a violation of any kind of human
right. |
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NOTE: This article
is in response to the criticism of Pope John Paul II that appeared
in the press. The press news/statement is give below: |
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Pope criticizes anti-conversion
laws in India
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Addressing a group of Indian bishops in the Vatican City
on the 3rd of June, 03, Pope John Paul II had decried new
anti-conversion laws in some Indian States. He had urged the
church in India to "courageously" proclaim the gospel.
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Pope has said this was not an easy task and these difficulties
are exacerbated by the increased activity of a few Hindu fundamentalist
groups, which are creating suspicion of the church and other
religions.
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These difficulties, he says, are
exacerbated by the increased activity of a few Hindu fundamentalist
groups, which are creating suspicion of the church and other
religions.
The Pontiff says the State authorities in some regions had yielded
to the pressures of these extremists and had passed unjust conversion
laws, prohibiting free exercise of the natural right to religious
freedom. |
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Associated Press
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Vatican City, June 3: Pope John Paul II today decried new
anti-conversion laws in some Indian states and urged the church
in India to "courageously" proclaim the gospel.
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"This is not an easy task, especially in areas where
people experience animosity, discrimination and even violence
because of their religious convictions or tribal affiliation,"
the Pontiff, who met a group of Indian bishops, said.
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"These difficulties are exacerbated by the increased
activity of a few Hindu fundamentalist groups which are creating
suspicion of the church and other religions," John Paul
said.
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"Unfortunately, in some regions
the state authorities have yielded to the pressures of these
extremists and have passed unjust conversion laws, prohibiting
free exercise of the natural right to religious freedom, or
withdrawing state support for those in the scheduled castes
who have chosen to Christianity," the Pontiff said. |
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LET US DEFINE
FREEDOM OF RELIGION
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Swami Dayananda
Saraswati
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(Below are the opening remarks
of Pujya Swami Dayananda Saraswati at the World Religious
Congress at New Delhi 2001, Courtesy: Arsha Vidya Newsletter):
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Honourable Prime
Minister, His Holiness Dalai Lamaji, Sri Venkataraman
and friends, |
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It has been my desire for a long time that there should
be an attempt -- an effort -- to preserve the various
religious traditions in the world and to see that they
are not destroyed. For, you never get these days what
you deserve; you always get what you negotiate for.
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We have been witnessing in the world attempts to preserve
and to save the endangered species in the flora and
fauna. Endangered animals are being saved by a program
of helping them grow in number. We have in India a Project
Tiger in order to save the Indian tigers. Like this,
there are many animals that are now multiplying in number
because of programs of helping them to grow. There was
a bird in Mauritius and it became extinct. The Dodo
bird became extinct not by any natural disaster. The
human beings ate them up. Now they are 'dead like Dodo'!
They are extinct.
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We have live cultures, which are highly rooted in their
religious traditions and they are endangered. In fact,
this is a conference of endangered species. The Dodos
could not confer like we do. They are dead like Dodos.
We can confer, and therefore, we have come together
to find out ways and means to see that the diverse cultures
and religious traditions are saved and that those which
are almost dead or dying are not allowed to die.
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And perhaps, like some attempts being made in Europe,
we can bring back the old cultures alive. The Romans
in Europe and the various groups that are there in Lithuania
want to go back to their original traditions. They were
just dubbed as Pagans and totally destroyed. They were
called ethnic traditions.
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Here in India, we have Vedika Dharma. This dharma has
to be preserved. And its preservation implies actual
living of the dharma by the people. Nobody can protect
dharma in bottles. It has to be protected only by protecting
the dharmi, the person who lives that dharma.
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This is a momentous conference. It is not taking place
a day earlier. People have been thinking along these
lines and wondering about what they can do. The religious
leaders should look into the theologies and find out
ways and means to see that there is no religious sanction
for any type of violence.
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There are different violence. Physical violence is
one thing. The Violence caused to the religious person
is something very deep and real. If a person is converted
to another religion by a program of proselytization,
that person is uprooted from his tradition. The whole
family is hurt and the people who witness the whole
thing are also hurt. This hurt, according to me, is
himsa; it is violence.
Therefore, the religious leaders, who are inspired by
their theology that all the people should be brought
to the same flock and that nobody should be outside
the flock, need to really look into their own scriptures
and see whether all of us can live a life in harmony,
mutually respecting each other. We generally say 'mutually
respecting'. Our Chairman (Sri R. Venkataraman), in
his talk said, "equally respecting", which
I like better. We should be equally respecting each
other.
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As a religious person, I do not want to be completely
rubbed off by you, and I also do not want to rub you
off. I want you to live in harmony with me. I want you
to have the freedom to think the way you think, to believe
what you believe and to practise according to your belief.
But that freedom to believe and practice should not
destroy me.
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In India, anybody who talks about Hindu religion and
the danger that it is facing is dubbed as a fundamentalist.
That means that if I do not give you the freedom to
destroy me, I am 'a fundamentalist'.
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I, therefore, want the delegates
to this Conference to look into this concept of freedom
of religion once and for all. Let all the secular press
here come to know about it. Let us declare to them: "Hey,
this is freedom of religion. You are free to practise
your religion. You are free to practice your religion.
Do not stand on my toes. If you stand on my toes, I will
ask you, 'please get off.' " |
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WELCOME THE
TAMIL NADU ORDINANCE
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Swami Dayananda
Saraswati
(Courtesy: New Indian Express, October 21, 2002)
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I welcome the
promulgation of the ordinance by the Government of Tamil
Nadu to ban religious conversions "by use of force
or by allurements or by any fraudulent means". This
is a long-awaited step -- a step that ensures for the
citizens of Tamil Nadu the most basic of human rights.
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The Universal Declaration of Human Rights adopted by
U.N. General Assembly resolution 217 A (III) in December
1948 holds in Article 18 that "Everyone has the
right to freedom of thought, conscience and religion;
this right includes freedom to change his religion or
belief
" While the article endorses each person's
right to change his or her religion, it does not in
any way allow for another person to change a given person's
religion. On the contrary, a systematic coercive effort
to impose one's religion on another "by use of
force or by allurements or by any fraudulent means "is
a clear violation of this basic human right.
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Further, Article 5 of the Bill of Rights states that
no one shall be subjected to degrading treatment. No
conversion is possible without denigrating the religion
and the religious practices of the target person. This
denigration hurts the family members and the community
of the converted person. He or she has to disown his
or her parents and all of their family, denouncing them
as wrong, while he or she alone is right. If this does
not hurt a person, I wonder what else can cause hurt.
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The denigration of one's religion and the humiliation
that accompanies the conversion experience are violations
of the dignity ensured to every human being. Article
19 grants every person the freedom to hold opinions
and matters of belief, no matter how fervently held
are only matters of opinion. Article 22 ensures that
everyone is entitled to the cultural rights indispensable
for his or her dignity. Everyone who is a convert from
a non-Christian tradition suffers an irreparable alienation
from one's culture and, tragically, from one's own family.
The family, in turn, is alienated from the community.
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With the conversion experience, come shame, isolation,
deep personal conflict and ultimately, the seeds for
discord. History testifies to the devastating loss of
rich and diverse cultures, gone forever in the aftermath
of religious conversion. Article 26 (2) of the Declaration
of Human Rights requires that education " shall
promote understanding, tolerance and friendship among
all nations, racial or religious groups." Religious
conversion is anathema to this. It promotes discord,
intolerance and enmity, and as such, is an act of violence.
I again say that conversion is an act of violence because
it hurts deeply, not only the members of the family
of the converted, but his or her entire community.
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The religious person in every individual is the deepest,
in as much as he or she is connected to a force beyond
the empirical. One is connected to various persons in
one's world. The religious in a given person is connected
to a force beyond. That is the reason why the hurt of
a religious person is deep and when it becomes acute,
it explodes into violence. Conversion is not only violence;
it does generate violence. The hue and cry made by some
of the Christian leadership protesting this ordinance
against conversion only show that they want to continue
their conversion activities. I appeal to them to think
about how conversion affects the converted person. This
is the time for the Christian leadership to come forward
to point out that the ordinance does not violate, but
on the contrary, ensures the right of any person to
practice his or her religion.
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Further, it does not single out any particular religious
group. In fact, it is the responsibility of the leadership
of all religions to alloy the fears of the people within
their individual fold who have such misgivings. It is
not, on the other hand, either responsible or moral
for any religious leader to use a distorted interpretation
of this ordinance to establish a right to convert. The
more such leaders protest, the more they are alienating
themselves from the mainstream population who support
a religiously plural and just society, committed to
the respect and well-being of every one of its members.
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India has a long tradition of living in harmony with
people of numerous religious beliefs. Hindus did not
have any problem whatsoever with the Parsis living in
India for centuries. Why? Because they do not cause
any hurt by a planned program of conversion. A planned
program of evangelization and conversion is a war waged
against the native tradition of a country whose people
have an openness of heart that is very well known. Their
very concept of Iswara allows that kind of accommodation.
In fact, the concessions the minorities enjoy in India
cannot be seen anywhere in the world. On the other hand,
India is the only country where the majority feels oppressed.
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I appeal to the political leadership
of all other States in India to promulgate similar laws
and make sure that all possibilities of religious conflict
are avoided, and the tradition of religious harmony in
India is maintained. While I congratulate the Government
of Tamil Nadu for the promulgation of this ordinance,
I request all the religious leaders to refrain from doing
anything which causes religious disharmony. |
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UNIFORM CIVIL
CODE -- A CONSTITUTIONAL PROMISE
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Swami Dayananda
Saraswati
(Courtesy: New Indian Express, August 10, 2003)
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"We, the people of India,
having solemnly resolved to constitute India into a
sovereign, socialist, secular, democratic republic
."
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Underlying the
current discussion about the institution of a common civil
code for India is a serious question: Are we willing to
uphold the resolve of our Constitution to shape India
into a secular, democratic republic? A secular republic
ensures no discriminatory practices on the basis of religion,
a welcome assurance to people of all religious and non-religious
persuasions. A democracy ensures that the power of governance
is vested in the people, all the people. The promise of
such a republic is a truly pluralistic society, a harmonious
mosaic of diverse religions and cultures in which the
security and dignity of each individual is assured. But,
conversely, it also ensures no special privileges. In
short no double standards. |
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The integrity and security of any society, whether
as small as a family unit or as large as the global
community, is deeply threatened by double standards.
They offend our innate sense of fairness; they undermine
our natural parity of identity wit out fellow human
beings, setting individual against individual, community
against community, nation against nation. Double standards
are the main building blocks of every racist ideology
and system. One has to number the human heart to entertain
the idea that double standards are acceptable in the
human community. This innate understanding of every
human being is, however, challenged by the frailties
of the human heart. The fact is, there are double standards,
in every sector of our life -- and all the strife that
they engender.
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The question is: Are we going to legislate to indulge
our frailties, or are we going to legislate to help
us live according to our finer, more noble, and, I would
argue, more human tendencies? Our Constitution has clearly
chosen the latter. It is heartening to note that the
founding fathers of our fledgling democracy have not
failed to understand (Article 44) that this includes
a common civil code, which we have so far not had the
moral courage to implement. Such a code, which implicitly
means the abolition of double standards, is a basic
and long-overdue element of a society, which aspires
to be secular and democratic. There is good reason for
the wide appeal -- and success -- of secular, democratic
societies.
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These ideals conform to the
most basic ethical norms. Without wishing to be harsh,
those who oppose the implementation of a common civil
code are opposed to these norms. These very opposing forces
talk of religious freedom and raise the spectre of secularism
whenever it is convenient for them. Reservations are understandable
if such a code is an innovation of the current government.
But it is an existing article of the Constitution; the
Constitution needs to be fulfilled. Reservations are also
understandable if such a code is to be imposed in a non-democratic
structure. But India has chosen democracy. Let the people
speak. In a democracy, there is no question of imposition.
Reservations are understandable if such a code violates
basic ethical norms. But, in fact, it upholds them. If
India, with her unparalleled richness of culture is to
take her rightful place in the global community, the Indian
people must overcome their sectarian impulses and raise
their vision to a set of universal norms that befits their
heritage. In adopting a common civil code, we have an
opportunity to demonstrate that we have the courage to
honour our deeper moral understanding and make whatever
sacrifices we need to in order to help our Constitution
fulfill its promise "to ensure to all its citizens:
Justice, social, economic and political; Liberty of thought,
expression, belief, faith and worship; equality of status
and of opportunity; and to promote among them all Fraternity
assuring the dignity of the individual and the unity and
integrity of the Nation. |
* * *
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LEGITIMACY OF RELIGIOUS
MINORITIES
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By Swami Dayananda
Saraswati
(New Indian Express, August 24, 2005)
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I welcome the recent Supreme Court directive to promote the
ultimate aim of democracy in India by discouraging the practice
of listing religious groups as ''minority communities.'' The
purpose of identifying and listing such groups has been to
assure equal status and rights for adherents of all religions,
regardless of their number. It is a noble purpose, befitting
a true democracy. In India, however, as in any democracy,
it is redundant, as this assurance has already been provided
for by the Constitution which promises in its Preamble ''to
secure to all its citizens: Justice, social, economic and
political; Liberty of thought, _ex-pression, belief, faith
and worship; Equality of status and of opportunity.'' The
fulfillment of this promise is spelt out in detail in Article
15, which prohibits various and specific kinds of ''discrimination
on the basis of religion, race, caste, sex, place of birth.''
India's Constitution is recognised as a model of liberal democracy,
but scholars find that it is distinguished from many other
democratic constitutions in its provisions for overcoming
traditional and social inequalities. The constitutional scholar,
Granville Austin, suggests that no other nation's Constitution
''has provided so much impetus toward changing and rebuilding
society for the common good.'' In spite of this, a commission
was formed by the Government of India in 1992, to safeguard
the ''interests of minorities whether based on religion or
language.''
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In its recent ruling, the Supreme Court has upheld the mandate
of the commission to enforce constitutional protection of
minorities based on language. But, considering the results
of the commission's work for the last 13 years, the court
now challenges the classification of minority based on religion.
While the Bench has its own judicial and constitutional arguments
for questioning this classification, there is an obvious,
but seemingly overlooked, reason why such a classification
in India has to be reexamined.
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The primary purpose for granting minority status, as envisioned
by the framers of the commission, is to secure the social
benefits promised by the Constitution for a minority group
that has inadequate access to resources and privileges. There
are some religious groups, however, that are claiming the
privileges and benefits of minorities, though they, in fact,
have a questionable minority status. While such groups may
be a numerical minority in India, at the same time, they enjoy
majority status globally. This status is not just in terms
of number but, significantly, in terms of economic resources
and political leverage. These religious groups wish to tap
the resources of a nation, when they have abundant resources
available to them from other sources.
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The interests of Catholics, for instance, are provided for
a governed by a large, wealthy, multi-national organisation
based in Rome. Protestants are similarly cared for by the
World Council of Churches, headquartered in Geneva. These
2.1 billion Christians comprise one third of the world's population
and have access to substantial resources beyond the borders
of their nation. They receive help from all over the world,
no matter what their country of residence. So it is not legitimate
to consider a transnational religion of this size a minority
in any country, regardless of their number. If at all we want
to protect a religious minority, we should protect the Jews,
who number only 14 million and the approximately 200,000 Zoroastrians.
They need protection.
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In its recent ruling, however, the Bench has rightly questioned
the legitimacy of minority classification on the basis of
religion. It has determined that such a classification undermines
the very purpose of the commission, finding it ''a serious
jolt to the secular structure of the constitutional democracy,''
in direct opposition to the commission's goal of preserving
secular traditions. Further, classifying minorities on the
basis of religion will generate ''feelings of multi-nationalism
in various sections of the people.'' And this will hinder
the commission's stated task of promoting national integration.
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The Bench has, then, ruled in favour of the goal of the commission
rather than one of the means it has adopted. If the goal of
preserving secular traditions and promoting national unity
is still considered worthwhile, and a chosen means is found
deficient in or even inimical to achieving that goal, it is
appropriate, even wise, to abandon that means. I consider
that the Bench has ruled wisely on this issue.
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An indispensable pillar of a nation
is its national integrity. If a policy or course of action is
a potential threat to that integrity, it is in the interest
of all citizens, of all sectors, to change course and move in
a direction that serves the national interest. And in a democratic
nation, the national interest is the interest of each and every
individual, for such a nation is not a ''super entity,'' but
the collective will and hope of all of citizens. Policies that
promote national integrity, promote stability and the promise
of peace for all people comprising the nation. National integrity
is valued in all countries but all the more so in India, where
unity is the hallmark of our long history. |
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