Traditional Values, Governmental Values, and Religious Conflict in Contemporary India

Robert D. Baird* I. INTRODUCTION The values of the nation of India, expressed in the Preamble to the Constitution, are a modern set of values in step with the Universal Declaration of Human Rights. WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure 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; IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.1 In making this proclamation, The Constitution of India embodies a number of values, which, while promoting the principles of human rights, oppose traditional beliefs and values that Indians have held for centuries. Sometimes these traditional beliefs and values have been articulated in doctrinal systems such as Hinduism, and sometimes they exist as the axiomatic basis of a lived life. The prevalence of these traditional beliefs has in many cases interfered with the full scale implementation of the values articulated in the Constitution. This Article focuses on how this has occurred in the area of religious liberty. Part II of this Article provides a context of several axiomatic Indian values which are at odds with the constitutional notions of equality and religious liberty. Part III discusses the Indian courts' attempts to harmonize these conflicting values. Part IV discusses the possibility of a Hindu secular state and concludes that over time the Constitution will continue to promote religious freedom. II. AXIOMATIC VALUES A. Justice: One Life or Many? The gulf between traditional values and governmental values, as embodied in the Indian Constitution, is nowhere more clearly seen than in the concept of "justice." The justice that finds expression in The Constitution of India is to be realized in the present life. However, Manusmrti, an ancient law book held in high regard by traditional Indians, portrays justice in light of the doctrines of karma and rebirth.2 Karma is the inexorable law of cause and effect that renders to each individual his or her due in the light of previous words, thoughts and deeds.3 Since justice cannot be reckoned in terms of a single life, certain individuals may seem to get more or less than they deserve; throughout a series of lifetimes, however, the karmic effects of deeds are eventually fulfilled. Before the nineteenth century, Indians universally accepted these Karmic effects as axiomatic. Not until the nineteenth and twentieth centuries did Indians begin offering philosophical defenses for the doctrine of reincarnation or rebirth. The modern idea of justice is further complicated by tradition because karma is not always the "inexorable law" of cause and effect which renders absolute justice to each individual. Both studies of anthropology and of ancient texts have shown that Hindus believe that some karmic substance can be passed from one person to another through the sharing of food, the passing of body fluids, or simply close proximity. For instance, Sheryl B. Daniel reports that two college roommates parted when one became ill; the student's illness was blamed on the transfer of bad karma from his roommate.4 This axiom explains not only why certain forms of behavior are considered good, but is also used to explain why something happens when all other explanations seem to fail. B. Individuals: Equal or Unequal? Another traditional notion that affects a modern idea of justice is the way individuals are evaluated. The Constitution of India seeks to guarantee its provisions to all its citizens equally, and is based on the dignity of the individual. All people are to be considered equal before the law and are to be afforded equal opportunity for employment, education, and access to public facilities. …