‘Hinduism appears like a centre of gravity doll’ – Supreme Court

NEW DELHI: The Supreme Court has observed that the Hinduism appears to be a very complex religion. It is like a centre of gravity doll which always regains its upright position however much it may be upset.

A Bench, comprising Justice D K Jain and Justice Dattu, made these observations on Tuesday while delivering the judgment with regard to the appeal of AIADMK MLA from Rajapalayam constituency, M Chandra.

M Thangamuthu, who contested as an independent and lost, filed an election petition in the HC saying Chandra who contested from the reserved constituency for the Scheduled Castes was a Christian and her election should be set aside.

The HC allowed his petition.

Chandra, challenging the verdict of the Madras High Court averred that though her father was a Christian, he deserted her mother and herself when she was a child and she grew up as a Hindu in the house of her mother’s sister, both of whom were Hindus.

She also maintained that she underwent the conversion ceremony in 1994 to re-embrace Hinduism (to scotch any such doubts). Justice Dattu, writing the judgment, noted that the Hinduism does not have a single founder, a single book, a single church or even a single way of life.

“Hinduism was not the caste system and its hierarchies, though the system was a part of its social arrangement, based on the division of labour,” he said. Citing apex court’s observations in Ganpat’s case, Justice Dattu said, “Hinduism was not a religion with one God or one Holy scripture. The practices of Hindus varied from region to region, place to place. Yet, all these people are Hindus.

Hinduism does not preach or uphold untouchability, though the Hindu society has practised it, at first, due to reasons of public health and later, due to prejudices (copied in tits and bits from the book, Facets of Hinduism by Sri Swami Harshananda.” The court said, “It is a settled principle of law that to prove a conversion from one religion to another, two elements need to be satisfied.

First, there has to be a conversion and second, acceptance into the community to which the person converted. It is obvious that the need of a conversion cannot be altogether done away with,” he added.

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