'Don't use religion as synonym of Dharma': Petition filed in Delhi High Court
- In Reports
- 10:10 PM, Sep 26, 2024
- Myind Staff
On September 26, the Delhi High Court urged the Centre to quickly address a representation that calls for the "proper meaning" of the term "religion," rather than treating it as synonymous with "dharma" in official documents. The petition also requested the inclusion of a chapter on "dharma" and "religion" in primary and secondary school syllabi to promote education and reduce religion-based hatred and hate speech.
The court clarified that it does not function as a theological or philosophical authority, does not determine school curricula, and cannot mandate changes to educational syllabi. "Courts do not act as theological or philosophical experts. There seems to be a misunderstanding here. We are not qualified to engage in these matters... I don’t understand why these petitions are being brought to this court. We have no role in this," stated the bench comprising Chief Justice Designate Manmohan and Justice Tushar Rao Gedela.
The high court directed that the petition be treated as a representation to the Union ministries of Culture and Education, instructing them to address it in accordance with the law as quickly as possible.
Justice Manmohan stated, "The ministry will decide this. We are not getting involved in these matters. You want a chapter added to the school curriculum, but we do not decide such curricula. If we start inserting chapters, it would lead to complications."
While issuing the order, the bench remarked that the petitioner seemed to expect the court to engage in semantics and take on the role of a theological and philosophical authority. "The language, its usage, and meaning evolve organically within society and cannot be dictated by courts, except when they are obscene or contrary to the spirit and letter of the law," the court added.
In his petition, the petitioner argued that "dharma" is distinct from religion, describing the former as "non-divisive," "non-exclusive," and transcending the narrow confines of religion. He stated, "If we attempt to define religion, we can say that religion is a tradition, while dharma is not. Religion refers to a cult or a spiritual lineage known as a 'sampradaya' (community), meaning that religion is about community."
The plea requested that "dharma" not be used interchangeably with "religion" in official documents such as birth certificates, Aadhaar cards, school certificates, ration cards, driving licenses, domicile certificates, death certificates, and bank accounts.
The petitioner argued, "In daily life, we often say someone follows 'Vaishnav dharma' or Jain dharma, or practices Buddhism, Islam, or Christianity, which is incorrect. Instead, we should refer to someone as following the 'Vaishnav sampradaya' or 'Shiv sampradaya,' or the 'Buddha sampradaya.' Similarly, we should say someone follows the Islamic or Christian sampradaya."
The petition highlighted that many wars and conflicts have been fueled by religion, which typically mobilises large groups of people. It noted that while religion often involves following a specific leader or path, dharma is rooted in wisdom.
The petitioner further emphasised that "religion has historically been one of the most potent divisive forces," whereas "dharma" serves to unite individuals.
Image Source: Economic Times
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