Saturday 26 December 2020

 Hindutva, Hinduism and the Hindu.

The term Hindutva is a recent innovation and so is the term Hindu which is said to have got coined due to mis-pronounciation of the name of the river Sindhu that underwent a phonetic metamorphosis to become Indu, whereas the dwellers owing origin along its course were called Hindus.
Notwithstanding the historical veracity of the above analogy, neither the term Hindu nor its derivative, Hindutva, has any direct bearing on the scores of belief systems which the race called Hindus followed. For instance, a joint Hindu Family is not governed by two different schools of law, namely the Mitakshara School of Hindu Law and the Dayabhaga School of Hindu Law.

Both these schools still have varying legal mandates .

Each still holds the field and both co-exists, without influencing either despite being diametrically distinguishable.
Suffice it to say that an un-legislated legal system subsisted, better say it still subsists, that all through carried the force of law even without any sovereign's backing. It needs to be appreciated that the legislated laws today exist in such volumes which even the legal professionals might fail to faultlessly enlist without the aid of an in-depth research. Thereby, it would be too much to expect of a common man to be aware of it, much less compliant thereof. Non compliance or disobedience as a result of ignorance is one aspect, express violation is another. The unbearable pendency of litigations which is mounting each moment with greater intensity than its disposal, is a material point of reference. This reference is expedient in evaluating the fact that the ancient legal system known today as the Hindu Law, has stood the test of time without state support, rather say, despite state interference.
These lines are not meant to glorify a system, rather to drive home a rather inconspicuous and thus overlooked and misconceived idea regarding the term 

Dharma as being anything akin to that genre of belief system which is founded on the term religion.
Dharma , in its pure and simple import, is the law that regulate the Karma or human deeds. In that sense, Dharma is the law of Karma. The wholephilosophy of the law of Karma is encoded in the volumes of scriptures, Srimad Bhagwat Gita being one. The Dharma or the thus codified principles of the law of Karma  is not derived from one single source or entity, but from a stream which is more vast and perennial that any stream, river or ocean, which has a name called the Sanatan Dharma, though it has been lost sight of in the glare of the conflicting politics built in the recent times over its recently coined by-name Hinduism, Hinduva, and like things, as though a perennial law of Karma can be incarcerated within such limits as religions.   

Failed legal System or a systemic failure?

When we talk of the Civil and Criminal system of justice, don't  confuse between a systemic failure and a failed system. 

Civil law has a system which suffers from management failures. That doesn't mean there are no systemic deficiencies. 

On the other hand, criminal side is systemically criminal, meant for the luxury of the criminals only, and a hell for the law abiding.  The Revenue side is worse, both ways. It has no system worth it's name. Whatever is there in the name of system is only perfunctory .