Skip to main content

Politics of/for Faith: Sabrimala and Transcendental Constitutionalism


Sabrimala issue has been streched up to  extent that it has become a defining moment for 'politics of faith' instead of 'politics for faith' (here I am borrowing the term of Max Weber, Politics as a Vocation). Supreme Court, in its acquired role of theologian (as again and again 'essential practices doctrine' is used by the Apex Court of the Country to decide which practice is essential and which is not), reading customs and traditions at the anvil of "Constitutional Morality". This term is too vague to take any concrete meaning. Though, text like this has been effectively used by the Court in recent judgments to ensure the march of "Constitutional Renaissance" on our Planet (Dipak Misra, J. has coined this term). As a student of Constitutional Law, I admire the zeal of judges to innovate terms, however its meaning is missing if I try to contextualize it. "Constitution is a social document", if I remember Granville Austin's The Cornerstone of Nation. As a social document, the Constitution can not be imprisoned within arbitrary imaginations of few judges. It should keep reflecting the aims and aspirations of governed. In that sense, any such presumptive innovation would override all the diversified cultures, customs; especially India is not a nation of monotonic culture; it is a culture various cultures. While judging these beliefs and cultures through spectle of "Transcendental Constitutionalism, one will do more harm than good. Sabrimala is though a welcome step, which may be symbolically rejecting purity-impurity notions, biased against women. But, a principle like "Constitutional Morality" is bound to be a tool to test each esoteric standing amidst society at the touchstone one single principle; constitutional morality.

One of the fundamental questions regarding faith, is to solve the puzzle whether God protects or preserves humans? Or it is humans who are capable to protect God? If latter is true then faith appears to be absent the moment humans become the guardian in protection of God. All the religious conflicts have one common concern; my faith should be intact at the cost of subjugation and persecution of others. Every faith qualifies as a faith the moment one surrenders oneself before the expectations, in hope that my expectation would be materialised (here borrowing the notion of Sundar Sarukkai, The Paradox of Faith, The Hindu, October 29, 2018). Without faith no being can survive on this planet. Life and faith, in that sense, are synonyms to each-other. But to stretch the faith up to the moment it becomes a tool to gain other external things; crisis of faith results into the loss of very possibilities of esoteric beauty. Sabrimala judgment preceds over transcendental theoligism to engender gender justice. And those who are opposing it in the name of faith is already trapped in the quagmire of faith. The externality of faith is the reason for exclusionary politics. True faith in God rejects externalities. God needs no protection; God knows no corruption or pollution. Because God is not an entity to celebrate. It is an idea of perfection; the highest wisdom; the ultimate truth; the source of creation and destruction. If it is so; why are we fighting in the name of highest wisdom?

Comments

Popular posts from this blog

Meeting Justice Rohinton Nariman in a Sunday Morning

Aristotle once wrote in his Nicomachean Ethics that there are four significant virtues for human beings, namely Prudence, Temperance, Justice, and Courage. There are a few judges who have courage and sense of justice, both. Hon'ble Mr. Justice Rohinton Nariman has been truly an exemplar judge and erudite historian, theologian and philologist, a great scholar of music as well as a courageous and meticulous jurist of our country. He did his Master of Laws from Harvard Law School in 1980-81 and taught by one of the finest jurists of the last century, Roberto Unger. He became Senior Advocate in 1993 in the age of 37 and also served as Solicitor General of India in 2011 before he was elevated as a judge of the Supreme Court of India in 2014. He delivered many landmark judgments, including Shreya Singhal v. Union of India. There are a few people with whom time moves too fast, but to count that experience takes ages. Justice Rohinton Nariman is one of those great jurists with whom a meet...

Feminine Mystery

        Portrait Courtesy: Shraddha One day when 'I' die  All would born as free life The long struggle to be Would turn out to be a mirage  Whose mystery is long known But forgotten Every concern or engagement Is an escape to forget  The first germ of life; its completeness Shackles are nowhere  But imagined as real One day that image would disappear And a blank sheet would represent The Being and Nothingness My mother my light  Has merged into the shadow To witness the geist  Glittering in every particle  All around ether  One day when I laugh On the seriousness of playfulness And let the things flow  Without any expectation or resistance The day would be a new dawn To the spirit of wholeness And unity of phenomenon Fragmented in an age of reason And anarchus egoism of individuals  One day the expression of collective Would loose its relevance  When man would realise The silent spirit  And its feminine mys...

पिरोता जाऊँ एक माला ज़िन्दगी का

पढ़ता हूँ हर एक दिन एक ही पन्ना, हर दिन हज़ार ये मालूम पड़ते हैं। जबसे होश संभाला है एक ही पन्ना सवांरते आया हूँ, लोग इसे ज़िन्दगी कहते हैं। इसपे लिखे हर एक लब्ज़ जो मेरे मालूम पड़ते हैं, ना जाने कितने जुबां पे चढ़े होंगे। आज हम भी कुछ पल के लिए ही सही इसके सारथी हैं, जाने से पहले कुछ रंग मेरा भी इसपे चढ़ जाए, बस इसीलिए एक ही पन्ना बार बार पलटता रहता हूँ। हर कोई अनजाने किताब की तलाश में बाहर निकलता है, जिसका हर एक पन्ना वो ख़ुद है। जब ख़ुद के रंग को समझ ही ना पाया, तो भला इंद्रधनुषी किताब के क्या मायने हैं? अस्तित्व में ना जाने कितने पन्ने बिखरे पड़े हैं, बस एक से ही अवगत हो जाऊँ, उसके हर एक शब्द को चुनता जाऊँ, कुछ पल के लिये सही, पिरोता जाऊँ एक माला ज़िन्दगी का।